Transitioning from outsourced eDiscovery services to building a full in-house team requires careful planning, strategic talent acquisition, and phased implementation. This shift offers organizations greater control over their eDiscovery processes, potential cost savings, and enhanced data security. The transition typically involves assessing current needs, identifying essential skills and roles, implementing appropriate technology infrastructure, and developing a realistic timeline. Success depends on balancing immediate operational needs with long-term strategic goals while recruiting specialized talent who can effectively manage your eDiscovery workflow from start to finish.
The shift from outsourced to in-house eDiscovery represents a strategic decision to bring greater control and efficiency to your legal discovery processes. This transition is typically driven by:
| Driver | Impact |
|---|---|
| Increasing eDiscovery volumes | Higher outsourcing costs |
| Security concerns | Need for better data control |
| Time pressures | Demand for faster turnaround |
Moving from an external provider to an internal team isn’t an overnight process. It requires careful consideration of your organization’s specific needs, case volumes, and available resources. Many organizations find success with a hybrid approach initially, bringing core functions in-house while maintaining relationships with service providers for specialized needs or overflow capacity.
The primary benefits of in-house eDiscovery include cost control, enhanced security of sensitive data, faster processing times, and the development of institutional knowledge about your organization’s data landscape. However, these benefits come with responsibilities – including hiring specialized talent, investing in technology, and developing robust workflows and governance procedures.
Before moving eDiscovery operations in-house, assess your current eDiscovery costs, case volumes, data security requirements, and available resources. This evaluation will help determine whether building an internal team makes financial and operational sense for your organization.
Start by analyzing your eDiscovery spend over the past 12-24 months. Break down costs by service type (processing, hosting, review) to identify which functions might benefit most from being brought in-house. Consider not just the direct costs but also the hidden expenses of managing vendor relationships.
Next, evaluate your typical case volumes and complexity. Organizations with consistent, predictable eDiscovery needs often benefit more from in-house teams than those with sporadic requirements. Also consider your data security and compliance requirements – particularly important for organizations in highly regulated industries.
Finally, be realistic about the investment required. Building an in-house team involves:
Remember that not everything needs to come in-house at once. Many organizations succeed with a thoughtful, phased approach that prioritizes the most frequently used or cost-intensive functions.
Conducting a thorough skills gap analysis is essential to understand what expertise your organization needs for an effective in-house eDiscovery operation. Begin by mapping out your typical eDiscovery workflow and identifying the technical, legal, and project management competencies required at each stage.
| Skill Category | Key Competencies |
|---|---|
| Technical | eDiscovery platforms, data processing, forensic collection, analytics tools |
| Legal | Legal hold processes, document review protocols, procedural rules |
| Project Management | Workflow design, resource allocation, timeline management |
| Communication | Technical-to-legal translation, stakeholder management |
Once you’ve identified required skills, assess your current team’s capabilities to determine gaps. This helps you create targeted job descriptions for the positions you’ll need to fill. Keep in mind that finding professionals with the right mix of technical and legal knowledge can be challenging – the eDiscovery field requires a unique combination of expertise that crosses traditional departmental boundaries.
Consider whether your organization would benefit from professionals with specific certifications or experience with particular eDiscovery platforms. While technical skills are important, don’t underestimate the value of industry knowledge and experience with workflows similar to your organization’s needs.
Thinking about building an in-house eDiscovery team? Many organizations we work with face similar talent challenges when making this transition. Which area would be most valuable for your situation right now?
A complete eDiscovery team requires several key roles to effectively manage the entire process from identification to production. The specific structure will vary based on your organization’s size and needs, but most in-house teams include these essential positions.
The eDiscovery Counsel or Manager typically oversees the entire function, providing legal guidance and ensuring compliance with relevant rules and regulations. This role bridges the gap between legal requirements and technical implementation, making it critical for maintaining defensible processes.
For larger organizations or those with complex needs, specialized roles might include Privacy Specialists who focus on data protection compliance or Technical Administrators who maintain the eDiscovery infrastructure.
Remember that not all roles need to be filled by dedicated full-time staff. Depending on your case volume, some functions might be handled by professionals who split their time between eDiscovery and other responsibilities. The key is ensuring all necessary skill sets are available when needed.
Developing a strategic roadmap with clearly defined phases is crucial for successfully transitioning from outsourced to in-house eDiscovery. A well-structured implementation plan helps manage expectations, allocate resources effectively, and minimize disruption to ongoing cases.
Begin with a realistic timeline that accounts for recruitment, technology implementation, and training. Most successful transitions occur over 12-18 months, though this varies based on organizational complexity and case volumes.
| Phase | Duration | Key Activities |
|---|---|---|
| Phase 1: Assessment | 2-3 months | Evaluating processes, selecting technology, designing workflows |
| Phase 2: Infrastructure | 3-6 months | Implementing technology, recruiting personnel, developing documentation |
| Phase 3: Pilot | 2-3 months | Running test cases, refining workflows, training team members |
| Phase 4: Full Transition | 3-6 months | Increasing case volume, phasing out vendors, implementing quality control |
Set clear success metrics for each phase and build in regular review points to assess progress. This allows you to make necessary adjustments before moving to the next stage. Learn more about implementing effective hiring strategies when building specialized teams.
Building a robust technology infrastructure is foundational to any successful in-house eDiscovery operation. The right tools and systems enable your team to efficiently manage the entire eDiscovery lifecycle from legal holds through to production.
When selecting technology, consider not just current needs but future scalability. Your infrastructure should be able to grow with your case volumes and adapt to evolving data types. Also consider integration capabilities with your organization’s existing systems, including document management, matter management, and archiving solutions.
Remember that technology alone isn’t sufficient – you’ll need documented procedures for using these tools in a defensible manner. This includes chain of custody documentation, quality control processes, and audit trails. The goal is creating a repeatable, defensible process that maintains the integrity of your electronic evidence throughout the eDiscovery lifecycle.
Building an effective in-house eDiscovery team requires thoughtful planning, the right talent, and appropriate technology. Focus on creating a solid foundation through careful assessment of your organization’s specific needs and a phased implementation approach.
Finding the right talent is often the most challenging aspect of building an in-house team. At Iceberg, we specialize in connecting organizations with elite eDiscovery professionals who have the technical expertise and industry knowledge to drive successful in-house operations. Our global network includes professionals with experience in every aspect of the eDiscovery lifecycle, from legal hold implementation to complex data analytics.
Whether you’re looking to build a complete in-house team or fill specific key roles, contact us to discuss your eDiscovery recruitment needs and learn how we can help you find the specialized talent required for this critical function.
