Proportionality Analysis (ESI)

Proportionality Analysis (ESI)

Proportionality Analysis (ESI)

Proportionality analysis applies the Rule 26(b)(1) factors to electronic discovery, assessing data volumes, collection and review cost, the availability of the information from other sources, and its importance to the issues.

It supports limiting scope, shifting cost, or declining production of inaccessible sources.

Alternative Names:

ESI Proportionality, Proportionality Assessment

Why it Matters?

Proportionality arguments succeed when supported by numbers and fail when asserted generally. The components courts respond to are custodian counts, data volumes in gigabytes, projected review hours at a stated rate, and vendor estimates for processing and hosting. Assembling those figures requires the data map and volume estimates that many organizations lack, which is why the argument is unavailable to parties who never mapped their environment.

Frequently asked questions

What makes a proportionality argument succeed?

What makes a proportionality argument succeed?

Documented figures: custodian counts, data volumes, projected review hours, and vendor cost estimates. General assertions of burden routinely fail.

Why can some parties not make the argument?

Why can some parties not make the argument?

Because it requires describing the data landscape and estimating cost, which is impossible without a data map and volume assessment.