What we learned from Gomery:
Managing the scope of document discovery

April 9, 2008
François Matte
Government Consulting Services

Objectives

•	Gomery Commission experience

•	Lessons learned

•	Approach and tools developed as a result of recent litigation experience and that are currently assisting clients with large document discovery

Baptism by fire:
The Gomery Commission experience
•	First reaction: “It can’t be done”

•	No roadmap

•	”Make it so” – A project planning nightmare:
–	Not enough time; 6 week deadline
–	Didn’t know how many records
–	Dispersed locations
–	How can we design a process to deliver on time?
–	How many staff do we need… and where do I get them from?
–	Where do we start?

•	Do not make the national papers!
Gomery Project … Mastering the Universe!

The Gomery Commission Lessons Learned
•	Communicate the amount of work actually required – Does the client know what is involved?

•	Challenge outrageous expectations – Can deliverables be negotiated? 

•	Provide frequent progress reports – Can your client easily brief senior management? 

•	Demonstrate responsiveness – Can you adapt to your client’s changing reality? 

•	Benefit from multiple perspectives of the situation – Do you have all the required players around the table?

•	Obtain insight and the required expertise to solve complex information problems – Do you have a holistic view of the issues, requirements, risks and impacts?

Getting ready for the inevitable…
•	Recognize the difficulty in making litigation readiness a priority

•	Risk management: Determine how ready you are to respond to a potential litigation or other large document requirement

•	Determine the scope of your information puzzle:
–	How much do you own?
–	Where is it?
–	How much is easily and less easily retrievable?
–	Who are the custodians (both paper and electronic)?
–	What does your information technology (IT) infrastructure look like?
–	How do you retain and dispose of information?
–	How consistently are the retention and disposition schedules applied?
–	How much will “finding” and producing the information cost?

•	Your ability to respond to a litigation is a luxury… until you need it!
Strategic Litigation Management Services
Key Contacts