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eDiscovery Cost Estimate Template

Four sheets and four documents that price every scope option twice, for what it saves and for what it costs if it fails.

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Caldera Fluid Systems v. Ostrander Pumps  ·  Scenario Comparison

Every scope option, priced twice

Illustrative figures for a fictional commercial dispute. Ostrander is the responding party and pays for all of it.

A. As requestedB. Nine custodiansC. Six custodians
Custodians and period14 over 72 mo9 over 40 mo6 over 26 mo
Documents in review1,021,240572,340347,240
One-time$1,280,289$720,869$440,458
Per month, x31$131,874$99,138$83,111
Total$1,412,163$820,007$523,569
Saving if it holdsbaseline$592,156$888,594
Motion to defend itnone$32,770$32,770
Redo if it failsnone$740,969$1,112,113
Total if it failsn/a$1,593,746$1,668,452
Breakeven probabilityn/a24.5%23.0%

Read the last row, not the saving row

Narrowing wins when B + M + (1 - p) x R is less than A, so the two paths are equal at p* = 1 - (A - B - M) / R. Above p*, narrow. Below it, do not.

The aggressive option has the lower breakeven, because it also saves more. That is the opposite of what everyone brings into the meeting, and it is invisible on a table that carries savings alone.

Every column but the last is arithmetic off the rate card and the volume index. The probability is the one judgement in the exercise, and the sheet leaves it blank until a lawyer writes it in.

A discovery estimate is normally one multiplication. Gigabytes times a rate, summed across phases, total at the bottom. Look at the rate card underneath it and count the denominators. Collection is per custodian. Processing is per gigabyte ingested. Hosting is per gigabyte per month. Review, the largest line by far, is per document. Nothing converts between the gigabyte lines and the per-document line except documents per gigabyte, and that is a property of the data rather than a constant.

Ostrander Pumps promoted 214 gigabytes into review. Measured by type, that is 1,021,240 documents: mail runs 7,400 to the gigabyte, presentations and video run 420. On one blended figure of 3,000 the same volume reads as 642,000, and the 379,240 document gap is $424,749 of review that either exists or does not. Which is why the protocol that fixes what one document is gets negotiated before any of this is priced.

Budgets stop at the close of fact discovery, and data does not leave a review platform when fact discovery closes. Across 355,243 civil cases terminated in the year to September 2025, the median from filing to disposition was 15.6 months, and 30.7 where the case was disposed of during trial. Seventeen extra months on this matter is $72,318. Then the scope options, each rebuilt from the top rather than scaled, and each priced twice: what narrowing saves, and what it costs when it does not hold.

Eleven billing units, a composition worth $424,749, and a matter six percent under budget on its way to twenty percent over

The Rate Card and Unit Map, the Cost Model, the Scenario Comparison and Actual Against Budget.

Caldera Fluid Systems v. Ostrander Pumps  ·  responding party

Rate Card and Unit Map

The unit column is the point of the sheet. A card that lists prices without saying they are billed in eleven different denominators is why estimates go wrong in the same direction every time.

LineRateBilled inMultipliesStatus
Remote targeted collection$1,650per custodianPeopleQuoted
Forensic image of a device$1,450per deviceMachinesQuoted
Ingestion and de-duplication$32per GBCollected volumeQuoted
Active review platform$11per GB per monthPromoted volume x monthsQuoted
Managed first-pass review$1.12per documentDocument populationQuoted
Privilege log entry$9per entryDocuments loggedQuoted
Volume preparation$2,400per volumeProductionsQuoted
Case manager$1,900per monthMonths activeQuoted
Ad hoc technical services$225per hourHours usedNot modelled
Certified translationnot quotedper pageForeign language pagesNot quoted
Expedited surcharge+25%percentageCollection and processingQuoted
Compressed review premium+30%percentageReviewQuoted

The two rows nobody asks for, and the one that stays empty

The last two rows are why the risk column can exist at all. They are what collection, processing and review cost when the work runs against a court-ordered deadline, and no vendor volunteers them.

Translation says not quoted rather than carrying an average. Two custodians correspond in German, nobody has asked a vendor, and a placeholder in a numeric column becomes a fact the first time somebody quotes the total.

Cost Model

Composition first, because every per-document line below is multiplied by what comes out of it.

Promoted volumeGBDocs per GBDocuments
Email and attachments967,400710,400
Loose files882,600228,800
Presentations and media224209,240
Structured exports89,10072,800
Measured total2144,7721,021,240
The same 214 GB at a blended 3,0002143,000642,000

379,240 documents of difference, which is $424,749 on the review line. The 4,772 is an output of the four rows above it, never an input.

PhaseBilled inOne-timePer monthx31
Collectionper custodian$23,100n/an/a
Processingper GB collected$45,440n/an/a
Reviewper document$1,143,789n/an/a
Privilege logper entry$55,143n/an/a
Productionper doc and per volume$12,817n/an/a
Hostingper GB per monthn/a$2,354$72,974
Project managementper monthn/a$1,900$58,900
Totalmixed$1,280,289$4,254$1,412,163

Why 31 months and not 14

The same model run to the close of fact discovery totals $1,339,845. It is $72,318 lower and it is wrong, because the data does not come out of the platform when fact discovery closes. It sits there through summary judgment and through trial, billed every month.

Review is 81 percent of this sheet. It moves with the composition block at the top, not with the gigabytes, which is why that block is above it rather than in an appendix.

Scenario Comparison

Each option rebuilt from the top rather than scaled, because the phases move in different units and at different rates.

PhaseA. 14 custodiansB. 9 custodiansC. 6 custodiansWhat it tracks
Collection$23,100$14,850$9,900Falls in whole steps
Processing$45,440$23,744$13,792Collected GB
Review$1,143,789$641,021$388,909Documents
Hosting, x31$72,974$40,238$24,211Promoted GB only
Project management$58,900$58,900$58,900Does not fall at all
Total$1,412,163$820,007$523,569including log and production

Then the half that is normally missing

BC
Motion to compel, opposed either way$32,770$32,770
Incremental collection and processing, +25%$37,432$56,060
Incremental review, +30%$653,598$981,344
Incremental log, production and hosting$49,938$74,709
Redo if the narrowing fails$740,969$1,112,113
Breakeven probability24.5%23.0%
Expected cost at the lawyer's own estimate$1,112,116 at 65%$1,056,789 at 55%

Project management is the row worth staring at. It does not fall, because the case runs as long as it runs whatever the scope is, and saying so up front is what keeps the rest of the sheet credible when somebody checks it.

The penalty for being wrong on B is $181,583, which is 12.9 percent over doing the full scope once. On C it is $256,289. Both are smaller than people assume when they refuse to narrow at all.

Actual Against Budget, month 9

Read by driver, never by running total. Every variance is volume, rate, duration or scope.

PhaseModelled to dateInvoicedVarianceDriver
Collection$23,100$26,000+$2,900Scope
Processing$45,440$52,960+$7,520Volume
Review$457,516$370,944-$86,572Duration
Privilege log$22,059$26,829+$4,770Volume
Hosting$21,186$24,453+$3,267Volume
Project management$17,100$17,100$0none
Motion practicenot modelled$32,770+$32,770Scope
Total to month 9$586,401$551,056-6.0%
Revised estimate to completion$1,412,163$1,692,367+19.8%rebuilt on the drivers

Six percent under and twenty percent over, on the same day

The underspend is the largest line running nine weeks behind, which is not cheaper review. It is the same money spent later, alongside more months of hosting and a shorter runway that may attract the compressed premium.

The overspend is a 235 GB journaling archive nobody had assessed, a privilege rate running at 0.9 percent against the 0.6 percent modelled, and a motion that the Scenario Comparison priced exactly and the memo total left out.

Volume and scope move the estimate to completion. Rate and duration move the timing. A status update that reports the running total and not the driver is how a matter arrives at the end 20 percent over having looked fine all year.

What's in the pack

01

Cost Model

Composition by type at the top, then every phase in the unit it is billed in, with one-time and per-month held in separate columns. The privilege log line prices off what a review actually withholds.

02

Rate Card and Unit Map

Every quoted line with its denominator, what quantity it multiplies, and whether it was quoted, carried over, or not quoted at all.

03

Scenario Comparison

Each scope option rebuilt from the top, with the saving, the motion cost, the redo cost and the breakeven probability on the same row.

04

Actual Against Budget

Invoices against the model, read by driver, plus a completion estimate rebuilt each period on whatever the drivers just revealed.

05

Budget Memo

For whoever approves the spend. The total, the four assumptions under it, where the money is, and what is deliberately not in the number.

06

Scope Recommendation

What to propose, what to concede early, and what to hold, with a capability fact behind each held position rather than an argument.

07

Client Communication

Three letters for three moments: the estimate before collection, the scope decision while it is still live, and the variance when one appears.

08

What a Gigabyte Costs

The method behind all of it. Why the units refuse to convert, why the hosting clock runs to disposition, and how the breakeven probability falls out of four numbers.

How to use it

  1. 1

    Open in River, or take it blank

    Open the pack in River and hand it the vendor quotes and whatever the platform has said about volumes, or take the Word documents and CSV sheets from the template library.

  2. 2

    Volumes and units before any total

    Collected and promoted as separate figures, composition by type off the processed index, then every rate on the card tagged with the denominator it is actually billed in.

  3. 3

    Model it in two columns

    One-time on the left, per month on the right, and the recurring column multiplied by a month count taken from the schedule rather than from the discovery cutoff.

  4. 4

    Rebuild each scope option, then price the risk

    Motion cost, redo cost at the expedited and compressed rates, and a breakeven probability. The probability column stays blank until a lawyer fills it in.

Frequently asked questions

Is this template free?

It is, with no account and no card. The zip holds four Word documents and four CSV sheets. Edit with AI is the other route: the agent builds the model from your quotes and volumes, then asks for the one number it will not generate. Everything in the template library works the same way.

What format are the downloaded files?

Word (.docx) for the memo, the scope recommendation, the client letters and the method doc, and CSV (.csv) for the four sheets, in one zip. Excel, Numbers or Google Sheets opens the sheets directly. Nothing is proprietary and there is no conversion step.

Do I need the vendor's rate card first?

You need it before the total means anything, and the sheet is still worth filling without it. Rates go in marked as quoted, carried over from a prior matter, or not quoted. The last one stays empty rather than taking an industry average, because a placeholder becomes a fact once somebody quotes the total.

Do the federal rules say who pays for all this?

Discovery has to be proportional to the needs of the case, weighing the amount in controversy, the parties' relative access and resources, and whether the burden outweighs the likely benefit. Rule 26(b)(2)(B) and Rule 26(c)(1)(B) each offer a different route to shifting cost. This pack prices the burden half so those arguments carry numbers.

Can any of this be recovered at the end?

Assume not. A prevailing party may tax fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case, and courts have read that narrowly against electronic discovery invoices. The budget memo treats recovery as nothing.

What does Edit with AI actually do?

It signs you up, installs this pack as a private workspace, and puts the agent in front of an empty Rate Card and Unit Map. Send the quotes, the volumes and the scheduling order, and the unanswered questions come back before a single total gets quoted at anybody.

We are already past collection. Is it too late?

No, and the actuals sheet is built for exactly that. Real invoices against a model read by driver is how a matter avoids arriving at the end 20 percent over having looked fine all year. It pairs with checking the production against the format that was agreed and the chronology built from what survived.

Price the narrowing before you propose it

Take the Word documents and CSV sheets blank, or open this exact pack in River and hand it the quotes and the volumes.

Edit with AI