Hot Methods for Successful e-Discovery Review

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Effective electronic breakthrough review needs careful planning and project team learning order to ensure timelines are met, important research is not missed (or inadvertently produced), and that resulting creation sets meet both requesting party and court requirements. Following are three scenarios and approaches which can be used to have success on future e-discovery engagements.

SITUATION 1: VOLUME CATEGORIZING

A custodian in an important product liability litigation subscribed to a daily "national business newsflash" email message. This request resulted in the littering of the digital dataset with 1000s of e-mails that had no meaning to the situation, although it is good to know that he was keeping current with the latest news. Question: How can we filter these messages to truly save on attorney evaluation time?

There may easily be thousands or even thousands of files that are completely worthless to the case or investigation, If your custodian or source subscribed to a for the collected electronic information from that custodian, and an enewsletter or similar kind of service spanned many years. Even after skilled data reduction by record type, de-duplication, keyword search phrases, day, etc., it's very common to find significant variety of these kinds of files.

Categorizing and reviewing these non-relevant papers can add up to high priced proposition, especially if an imminent deadline is looming. The final thing that the appropriate teams have to be doing is reviewing hundreds of e-mails with a "stock tip of the day" if the issue is approximately a totally different issue.

Therefore, what's the solution? Have a practical way of distinguishing patterns of documents which can be clearly not strongly related your subject. Search them out and isolate them. Always be certain a precise evaluation of the information has been made and then bulk label these files as non-responsive.

To search for and find these records, your e-discovery companies company ought to be in a position to offer you stock studies which will help identify the record types and classifications in the record set. These stories can be used to fine-tune the searching of evidence by keyword, notion, file name or file type. The ultimate goal of the method is to show groups or patterns of they are often defensibly coded en masse papers that look. In a located process, review teams may also search through sets of documents in the initial phases of review and get an excellent sense of any key data patterns.

Needless to say, shortcuts in the report review process are not always recommended. In many cases, testers will need to look at each and every document; however, a good, careful effort to spot categories of irrelevant documents will help legal teams save time and meet critical deadlines.

SITUATION 2: THE BENEFITS OF EARLY CASE ANALYSIS AND REPORTING

Lawyer met using its consumer and e-discovery services company to evaluate the wants of the discovery request and to create a project plan. Evidence was then collected from 200 custodians' hard disks and e-mail servers. The attorneys were trained on the review system, and standards for managing the breakthrough review were established. The info was then prepared and packed into the assessment platform. The legal team was willing to be set free.

One crucial step was missing. Before diving headlong in to the record review, it is crucial that you evaluate and understand the range of the review and what following systems have to keep the project on track and on budget. In order to do so, it's crucial that you analyze the data ahead of review commencing, which can frequently be done inside an online review or through studies provided by e-discovery service provider's project manager.

An evident starting place is always to consider how many files, or document pages, are contained in the data collection. A number of other major bits of information that require to be considered include:

1) Exactly how many papers have a home in each custodian's data?
2) Exactly how many file chains, or sets of files, does this represent?
3) How many duplicates come in the information universe?
4 )Do particular document types, such as spreadsheets or PowerPoint displays, occur in unexpectedly large quantities?

Having this intelligence will assess possible issues or hazards and enable the review group to produce efficient record review projects, bring better control to the review process, more accurately estimate review completion dates and more effectively track progress against targets.

SCENARIO 3: BUILDING OPPORTUNITY LOGS

The legal team was preparing to begin review on an important class-action suit that involved over 500 custodians and two terabytes of evidence. Ahead of beginning the review, the senior attorney on the review group desired to ensure that most processes and practices were create to ensure there clearly was documentation and proper programming around perhaps privileged documents. She desired to know how the group would observe and produce these advantage records.

With located evaluation tools, legal teams can generate a list of most files coded as "privileged" and down load a copy of the list, used with key privilege sign fields, such as for instance record name, time, writer, to/from/cc, privilege claim, an such like. From there, the review team can include custom fields for other data if required, and then use the firm's standard privilege log format to complete the document and make it for distribution.

Several additional items that can help establish Privilege Logs when under small timeframes include:

1 )Work with the provider's manager to include additional fields in the freedom record, such as document form, Bates numbers or other document ID numbers.
2 )Use an Text field in the online review tool to enter text into an order of the benefit record about why a document was withheld.
3 )Include redacted files on the privilege log with the e-discovery services allow the exporting of privilege claims for every redaction, along with notes on those redactions.
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