Making the right staffing choice for eDiscovery needs depends on your organization’s specific requirements. Consultants offer specialized expertise, flexibility, and immediate availability without long-term commitment—ideal for project-based needs or temporary workload spikes. Permanent employees provide continuity, deeper organizational knowledge, and potentially better cost efficiency for consistent, ongoing eDiscovery demands. The optimal approach often balances both options, considering your case volume, budget constraints, and strategic objectives.
The fundamental distinction between these two staffing approaches lies in their engagement structure and relationship with your organization. eDiscovery consultants typically operate on project-based or hourly billing models, allowing for maximum flexibility. They bring specialized expertise that can be deployed precisely when needed, without the ongoing commitment of a full-time hire.
Permanent employees, conversely, represent a long-term investment in your eDiscovery capabilities. They develop deep institutional knowledge about your organization’s data landscape, legal history, and internal processes. While consultants may offer broader industry exposure from working across multiple clients, permanent staff build valuable company-specific expertise that improves efficiency over time.
From a contractual perspective, consultants offer the advantage of scalability—you can rapidly increase resources during large matters and scale down during quieter periods. Permanent employees provide stability and continuity but require consistent utilization to justify their cost. The immediate availability of consultants can be particularly valuable when facing urgent eDiscovery challenges that exceed your current team’s bandwidth.
The financial comparison between these options extends beyond simple hourly rates versus salary calculations. Consultants typically command higher hourly rates (often ranging from £100-£300+ depending on expertise level), but this premium comes with the elimination of significant hidden costs associated with permanent employment.
When evaluating a full-time hire, organizations must account for:
Consultants generally manage their own professional development, require minimal onboarding, and can be engaged precisely for the hours needed. For organizations with fluctuating eDiscovery demands, this variable cost model often proves more economical than maintaining permanent staff during periods of lower utilization.
The ROI calculation ultimately depends on your organization’s case volume and consistency. High-volume litigation departments with steady eDiscovery needs may find permanent staff more cost-effective long-term, while organizations with irregular requirements typically benefit from the flexibility of consultants.
Several scenarios particularly favor the consultant approach. Project-based needs with defined timelines, such as responding to a specific regulatory investigation or large-scale litigation, often benefit from specialized consultant expertise without the long-term commitment.
Organizations experiencing temporary workload spikes—perhaps due to a merger, acquisition, or unexpected litigation—can leverage consultants to manage the surge without overcommitting resources. When implementing new eDiscovery technology or workflows, consultants with specific platform expertise can provide valuable implementation guidance and training before transitioning to internal management.
Consultants also offer an excellent solution when testing new approaches before full implementation. They allow organizations to experiment with different eDiscovery methodologies or tools before making permanent hiring decisions or infrastructure investments. For organizations facing budget constraints that prevent permanent headcount increases, consultants provide access to high-level expertise when needed without ongoing financial commitments.
At Iceberg, we’ve seen many organizations successfully use consultants as a stepping stone toward building internal capabilities. They begin with consultant support to establish best practices, then gradually transition to permanent staff once processes are stabilized and ongoing needs are clearly defined.
The ideal consultant combines technical proficiency with practical experience managing matters similar to yours. Platform expertise with the specific eDiscovery tools your organization uses (or plans to implement) should be a primary consideration. Familiarity with your industry’s regulatory environment and data types is equally important, as eDiscovery requirements vary significantly across sectors like financial services, healthcare, or technology.
Look for consultants with a proven track record handling matters of comparable complexity to yours. What to look for in an E-Discovery Project Manager often includes strong project management capabilities, as eDiscovery consultants typically need to coordinate multiple stakeholders and workflows simultaneously. Communication skills are particularly crucial, as consultants must effectively interface with legal teams, IT departments, and external parties.
When evaluating potential consultants, request specific examples of similar projects they’ve managed and their approaches to common challenges. The best consultants demonstrate adaptability, having worked across different organizational environments and technologies. They should clearly articulate how their expertise will address your specific eDiscovery challenges rather than offering generic solutions.
Years of experience matters, but the diversity and relevance of that experience is equally important. A consultant with five years of focused experience in your industry may provide more value than one with broader but less relevant experience.
Establishing clear metrics at the outset creates accountability and ensures alignment on expectations. Project milestone achievement provides the most straightforward measurement framework—did the consultant deliver the agreed-upon outcomes within the established timeline and budget?
Quality assessment for eDiscovery consultants should evaluate:
Beyond technical deliverables, evaluate how effectively the consultant communicates progress, obstacles, and strategic recommendations. The best consultants not only execute assigned tasks but proactively identify opportunities for improvement and risk mitigation.
Compare performance against industry benchmarks where available, particularly for metrics like processing speeds, review efficiency, and quality control standards. Well-structured exit interviews at project conclusion can capture valuable insights about consultant performance and areas for future improvement.
Many organizations achieve optimal results through thoughtfully designed hybrid models. The core-and-flex approach maintains a permanent team handling routine eDiscovery operations while strategically deploying consultants for specialized needs, peak periods, and strategic initiatives.
We’ve observed successful implementations where permanent staff manage the consistent baseline of eDiscovery work while consultants provide specialized expertise for complex matters or new technology implementations. This approach combines the continuity benefits of permanent staff with the specialized skills and flexibility of consultants.
For example, a financial services firm might maintain permanent eDiscovery analysts for ongoing regulatory matters while engaging consultants with specific expertise for cross-border litigation or transactions requiring specialized language skills or jurisdictional knowledge.
Effective hybrid models require clear role definition and strong knowledge sharing between permanent staff and consultants. The hybrid approach allows organizations to maintain institutional knowledge while accessing specialized skills as needed, creating a more resilient and adaptable eDiscovery function.
The optimal staffing approach ultimately depends on your organization’s specific circumstances. Key decision factors include your typical case volume and consistency, budget constraints, technology infrastructure, and strategic priorities.
Organizations with high-volume, consistent eDiscovery needs typically benefit from a core permanent team supplemented by consultants during peak periods. Those with more episodic requirements often find a primarily consultant-based approach more economical, engaging specialized expertise only when needed.
To develop your optimal staffing strategy:
At Iceberg, we work with organizations to navigate these complex staffing decisions, helping them secure the right eDiscovery talent whether permanent, consultant, or a strategic combination of both. Our specialized recruitment expertise helps ensure you find professionals who not only possess the technical skills but also align with your organizational culture and strategic objectives.
The most successful eDiscovery functions we’ve helped build maintain strategic flexibility, regularly reassessing their staffing approach as organizational needs evolve. By thoughtfully evaluating the considerations outlined above, you can develop a staffing strategy that optimizes both cost efficiency and eDiscovery effectiveness.
