Our decision to become fully Plaintiff focused was predicated on several salient factors. First, working on Mass Torts and Class Actions, Plaintiffs sit in an asymmetrical posture relative to the volume of their production as compared to defendants’. As an eDiscovery Consultancy, that calls out a different kind of needs fulfillment for the provider. Defense oriented ESI providers are tasked with culling data as early as possible, processing, hosting and reviewing that data as it flows through the funnel of elimination.
Defense oriented consulting is predicated on helping their institutional clients reduce their risk by limiting the amount of data they need to process, host and review. And defense firms have their own eDiscovery practice professionals – lawyers who came from strong technology backgrounds lead the discovery protocols for the defense. These are sophisticated and very talented technology lawyers well versed in presenting ESI protocols, that strongly favor their clients’ interests and are presented to seem completely reasonable, both to the court and often to Plaintiffs' counsel. But that reasonableness masks a wolf in sheep’s clothing.
The ESI stipulation is meant to disadvantage Plaintiffs and reduce risk for the large institutional clients and white shoe law firms who represent them.