If a matter is small enough, Jackson Lewis associates will do the document review, and if the matter is too large, Kroll's document review center will handle it, Losey said.
"The big mistake law firms make is that they don't understand the complexity of e-discovery," Losey said. "There's such confusion and muddiness. Law firms should do what they are supposed to do and the only thing they have a license to do, honestly. That is legal services."
Losey said most e-discovery work is legal advice, something vendors aren't allowed to provide.
Many firms that bring the e-discovery process and technology in-house say they can offer clients cheaper rates through leveraging that work across their client roster. But Losey said he was surprised to find out that by leveraging all of the firm's buying power on one vendor, Jackson Lewis was able to charge less than what its litigation support department was charging, which he said was already below traditional vendor prices.
That was a pleasant surprise for Losey, who was hoping to be able to divest the firm of nonlegal e-discovery work.
"I believe a professional organization whose job it is to do e-discovery is always going to be better than a department in a law firm because that's not what we do," Losey said.
While Losey said many people disagree with his approach and feel only a law firm could provide its clients with the best quality, he said that was "naive." He said firms don't realize how good vendors have become and the special treatment they will provide firms that hand over their entire e-discovery portfolio.
"I'm telling you from experience, it's more trouble than it's worth," Losey said of insourcing e-discovery business.
But from the perspective of firms such as WilmerHale and Morgan, Lewis & Bockius, it has been worth doing just that.
Stephanie A. "Tess" Blair heads up Morgan, Lewis & Bockius' 70-person eData practice group in which the firm has insourced the entire e-discovery practice.