Insights Articles

Modern litigation depends on electronic discovery. From emails and chat messages to mobile data and cloud platforms, the range of electronically stored information (ESI) keeps expanding. Courts now expect defensible workflows that hold up under scrutiny, and the American Bar Association stresses a lawyer’s duty of technical competence. Even seasoned teams can struggle under these pressures. The right question becomes: when should you bring in an eDiscovery consultant?

The rising pressure on eDiscovery services

The sheer volume of digital evidence has changed eDiscovery. In addition to traditional documents, today’s cases often include Teams chats, Slack messages, mobile devices, and cloud data. Without specialized eDiscovery services, legal teams risk serious consequences.

These challenges fall hardest on general counsel, litigation practice leads, and legal operations managers who must control costs, meet deadlines, and ensure compliance.

The hidden risks of going at it alone

Handling eDiscovery services without expert guidance may appear cost-efficient at first, but it introduces real risk. What seems like a manageable process can quickly become a liability when tested in court. How?

• Sanctions and reputational damage for incomplete or flawed productions. Courts have called failures to preserve data like Teams and Slack “inexcusable.”
• Cost overruns when short-term “quick fixes” lead to expensive rework.
• Resource strain as attorneys and staff burn hours troubleshooting technical workflows instead of preparing for trial.

Even where strong internal support exists, most teams lack the scale or technical depth needed to manage today’s most complex eDiscovery challenges.

When an eDiscovery consultant really matters

Certain situations make bringing in an eDiscovery consultant essential:

• High-volume or high-stakes cases such as class actions, multi-district litigation, or antitrust reviews.
• Complex data sources including mobile devices, chat applications, and cloud repositories.
• Tight deadlines or regulatory oversight where defensible workflows must stand up to scrutiny.
• Ethical duties of competence, requiring lawyers to either gain technical expertise or engage qualified specialists.
• Cost control needs, where consultants apply culling, de-duplication, and analytics to reduce review costs significantly.

How Array approaches eDiscovery consulting?

At Array, eDiscovery services are our flagship line. Our approach combines proven processes, advanced tools, and human expertise:

• People + Process + Technology: balancing defensible methods with efficiency.
• Hands-on, responsive service: no faceless ticketing systems; clients work directly with experts.
• End-to-end capability: from forensically sound collection to managed review and production, all under one roof.
• One-stop shop advantage: integrated with managed review, staffing, and court reporting when clients need full litigation support.

This integration allows legal teams to manage complex data with confidence while keeping costs predictable.

Risks vs. rewards: real-world outcomes

• Case Example: A federal court sanctioned a company and its counsel for failing to preserve Teams messages, a clear warning to legal teams that chat data must be handled defensibly.
• Production Errors: In one matter, thousands of privileged documents were mistakenly produced, costing both money and credibility.

• Client Perspective: One internal stakeholder reported immediate relief when data handling became someone else's responsibility.

The difference between risk and reward often comes down to whether expert oversight is in place from the start.

eDiscovery consulting benefits by role

General Counsel / Corporate Counsel

• Reduce sanctions risk and meet compliance obligations.
• Keep eDiscovery spend within predictable budgets.

Legal Operations Managers

• Gain scalable, repeatable workflows.
• Prevent staff overload and burnout.

Litigation Practice Chairs

• Free attorneys to focus on case strategy.
• Strengthen client service and practice reputation.

Quick self assessment: Do you need an eDiscovery consultant?

Ask yourself:

• Do we have the bandwidth and technical expertise to manage large-scale data defensibly?
• Are we confident our process is court-compliant and ethically sound?
• Have we experienced eDiscovery overruns or near-misses?
• Can we properly manage non-traditional data like chat, mobile, or cloud?
• Would our attorneys’ time be better spent on strategy than on technical troubleshooting?

If “yes” to more than one, it’s time to consider professional support. Book a call with an eDiscovery consultant!

Quick self assessment: Do you need an eDiscovery consultant?

• Involve experts early, starting with legal hold and collection.
• Avoid custodian self-collection, which courts view as risky.
• Align eDiscovery workflows with ethical and regulatory standards.
• Use defensible workflows to lower review volumes and control costs.
• Balance analytics and AI tools with human oversight for reliability.

Next steps

If your team is facing tight deadlines or complex data sources, Array can help you manage eDiscovery with confidence. Learn more about our eDiscovery consulting approach or contact us to discuss your needs.