If you work in legal operations, sooner or later you’re going to need to deal with vendor selection and interact with a vendor. In many instances, preparing for e-discovery also means selecting vendors. Whether you are in-house or at a law firm, it will become necessary to engage a service provider or consultant to provide or supplement resources for some aspect of or even an entire project.
So, this week we consider some of the factors that should go into vendor selection.
First Things First
Cost is a critical factor, but experience shows that it has never been the most important factor. The truth is that vendor cost rarely determines whether a project moves forward. If the work really needs to be done, costs usually don’t prevent it from happening.
It’s important to recognize, too, that costs are driven by many variables, including volume, resources and tools required, and the time it may take to complete a project. Good project leaders can control these variables, but for the most part, the price tag generally does not sideline e-discovery projects. Each case turns on its own facts and circumstances and, like anything else, when it comes to service providers most stakeholders understand that you get what you pay for. Make sure you survey the vendors and you have competitive pricing.
Stakeholders are always going to be concerned about the cost of discovery and every effort should be made to control the costs; but there are criteria more important than cost.
Safeguard Your Selection
Before engaging any vendor, consider having a few safeguards in place. First, the parties should sign a confidentiality and nondisclosure agreement before performing any services. This protects the confidentiality of client information.
Second, a conflict check should be performed to ensure that the vendor is not currently engaged in work that is adverse to you or the client.
Third, engagements and the scope and nature of the work to be performed should always be reduced to writing in a statement of work or other form of contract.
Critical Factors to Consider
When engaging vendors, it is important to focus on the needs of the case and the client. Now, again, each case is unique, but some of the most important considerations are:
- Capacity. Is the vendor staffed with a sufficient number of trained and experienced project management, technical, and support personnel and does it have the infrastructure, hardware and software needed to support project needs;
- Security. Does the vendor have acceptable security protocols and processes in place? And this includes not only physical security, but also the integrity and security of client information, both at rest and in transit;
- Quality: Are there standardized processes in place to check, validate and measure the quality of their services and all deliverables;
- Stability: Can the vendor demonstrate a continuity of service and personnel and a degree of financial security.
It’s All About Service
But, one of the most important considerations when choosing a vendor is service. Unfortunately, this is also one of the most difficult to verify prior to a project. The idea here is to look for a consistent commitment to responsiveness, good, clear and honest communication, experienced project leadership and problem solving.
And lastly, remember that sales people are generally not project managers. Sales reps may have general knowledge, but most are not in the trenches doing the work and they should not be relied upon to discuss project specifics and deliverables. Instead, the sales representatives should hand the project off to a project leader who will manage the necessary tasks and processes to complete the project.
Conclusion
Vendor selection is a necessary component of discovery projects for legal operations professionals today. Of course, sometimes things go wrong on projects. The ability to adjust to change, fix mistakes, and build a solid partnership are some of the hallmarks of a quality service provider. Consider some of the guidelines above and not only will the vendor selection process will be a little easier, but your project outcomes will be more successful.
(This post originally appeared on Above the Law in a slightly altered format)
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