Costs have been an issue in eDiscovery for as long as I can remember. For as long as there has been an eDiscovery industry, there have been cases that are either too big or too small to make them commercially viable. 

In instances where there is very little data, it is at times cost prohibitive to spend the time and resource setting up and planning a full review. Similarly, cases with relatively low value but very high data volumes are not usually feasible. Especially if you don't have an internal eDiscovery team or resource. 

Recent developments in the way data processing and hosting can be applied by software and service vendors has meant that this is less of an issue if you are able to find the right team to help you. This means that matters can be carried out to a consistent standard, regardless of whether you have 1GB or 3TB of data. 

Once a case is up and running and the initial discussions around set up costs and ongoing charges have been had and decided upon, there are often other ways in which eDiscovery providers (EDP) can help with cost control. This may be through the use of review streamlining workflows such as Email Threading or Near Duplicate Analysis or it may be through the use of Active Learning or Technology Assisted Review. The former are simple processes that a lot of EDPs use as standard on cases, unfortunately the latter are more complex and have a number of pre-requisites and may not always be suitable on all matters. 

Traditionally the use of Active Learning or Technology Assisted Review has not been widely used due to the perceived risks with it as a new technology. I have seen in recent years more uptake in these powerful tools but there is increased pressure on eDiscovery professionals to ensure discussions are had and both sides of a case are aligned and the approach taken is one that everyone involved understands and is comfortable with. Under Practice Direction 51u (the Disclosure Pilot Scheme), the use of technology is expected and it is on us as practitioners to now ensure we do that in a way that is both defensible and proportionate. 

As a client of an EDP, it is important to understand how their pricing structures are made up but also to have a relationship with them that enables a strong collaborative working environment. Many service providers offer all the "bells and whistles" but that is not as useful if you cannot trust them to use them properly. If you would like to discuss how to keep costs in line with the scope of the matter, my inbox is always open.