How to Manage an ESI Review Team

The following links point to a series of posts from the E-Discovery Daily Blog. The focus of the content walks you step by step in best practices for managing an e-discovery document review team.

1.       Introduction

2.       Clearly Define Objectives

3.       Get a Handle on the Document Collection

4.       First Steps in Drafting Criteria

5.       Drafting Responsive Criteria – a Step-by-Step Guide

6.       Drafting Privileged Criteria

7.       Applying Topic Codes in the Document Review

8.       Identify a Project Manager

9.       Prepare a Review Plan

10.   Assembling the Project Team

11.   Training a Review Team

12.   Starting the Project

13.   Keeping Decisions in the Hands of the Attorneys

14.   Ensuring High-Quality, Consistent Work

15.   Keep the Staff Motivated

16.   Use the Team’s Knowledge

Attorney-Client Privilege and ESI

2011dltr001.pdf (application/pdf Object).


The attorney-client privilege is the most sacred and important
privilege in our legal system. Despite being at the center of daily
practice, the privilege still remains a mystery for many lawyers.
This is primarily because the privilege is not absolute, and there
are certain actions or non-actions that may waive it.
The application of the privilege is further complicated by
electronic discovery, which has both benefits and drawbacks. On
one hand, it has made the practice of law more efficient. On the
other hand, it has made it easier to inadvertently waive the
attorney-client privilege in response to a discovery request. This
iBrief examines attorney-client privilege issues that may arise
during e-discovery, and provides practical guidelines for attorneys
responding to e-discovery requests.

Managing Lawyers for your Document Review – 10 Tips

Here are 10 tips for managing contract attorneys.

via Managing Lawyers.

  1. Privilege law
  2. Choose wisely/ do your homework
  3. Quality control
  4. Conferences/ getting started
  5. Review software
  6. Share knowledge
  7. Provide managerial and technical support
  8. Provide the proper office equipment
  9. Treat contract professionals with respect
  10. Build teams

Employment Alert: New Jersey Supreme Court Finds Privacy Rights in Employee E-Mails

Employment Alert: New Jersey Supreme Court Finds Privacy Rights in Employee E-Mails.

Earlier this year in the Quon case, we learned that if you’re sending personal messages via your company-issued PDA or cell phone, you do not have any right to privacy. It’s their phone. Interestingly,  this case from March 2010 (decided prior to Quon) held that

…an employee had a legitimate expectation of privacy in e-mail communications that she sent to her attorney through her personal web-based e-mail account using her employer’s laptop computer. The decision in Stengart results from an employer’s failure to provide adequate warning to its employees in an electronic communications policy that personal e-mails may be recovered—and read—if they are sent through the employer’s electronic system. Stengart teaches the importance of providing employees with clear notice that their privacy rights are limited in the workplace.

Another reference to a discussion about this case can be found here. The “fine print” and learning point is that if employers have a clearly defined policy regarding privacy rights in the workplace, then those rights can be limited.

Failure to Test Keywords by Sampling a Prominent Consideration in Court’s Finding of Waiver : Electronic Discovery Law

Keyword searching is a task which requires using technology. As a best practice you should make sure you allow enough time in your project management plan to test and perform quality control measures on your search results. You must have a methodology in place to which you apply the technology you have available. Not the other way around.

What happens when you rely too heavily on the technology?

Here‘s the case summary

Here‘s an overview of what happened

Key learning points include:

  • discussion of the importance of planned workflow
  • discussion of the importance of quality control as a part of your workflow
  • application of FRE 502(b)(3) and FRCP 26(b)(5)(B)

e-discovery 2.0 » Searching… TREC Legal Track

e-discovery 2.0 » Blog Archive » Electronic Discovery, EDiscovery, E-Discovery, Legal Discovery.

Clearwell Systems has been keeping up with the latest discussion and trends in searching thanks to its participation in the TREC Legal Track. Here they discuss and link to the latest white paper which analyzes “the task of producing specific records in response to a `discovery request'”

This is a very high-level discussion on searching technology that will aid you in discussing application vendor claims about how their search & retrieval technology is better than the next guy.

In an e-discovery world where simple keyword searching is no longer considered a reasonable effort, it is recommended that you learn all you can about how to turn your mountain of data into a mole hill in the most efficient and cost effective way possible.

e-Discovery Case Law Update – Summer 2010 Part II | Fios, Inc.

e-Discovery Case Law Update – Summer 2010 Part II | Fios, Inc..

Vendor sponsored educational webinar highlighting current trends, issues and cases in e-discovery including:

  • Sanctions
  • Social Networking
  • Collection
  • Text Messaging

(registration for the Aug. 4th event is required. Fios usually offers their webinars on-demand for those who miss the event so don’t worry if miss this one… you can always watch it later.)

Gibson Dunn – 2010 Mid-Year Electronic Discovery and Information Law Update

Gibson Dunn – 2010 Mid-Year Electronic Discovery and Information Law Update.

Law firm report reviews e-discovery trends for the first half of 2010.

Topics addressed include:

  • Sanctions
  • the application of FRE 502
  • Privilege
  • Search Methodology
  • Proportionality
  • Preservation
  • Cooperation
  • Social Networking
  • Government EDD Responsibilities
  • International EDD

Update: Whenever a major report like this one is published, you can expect many industry experts & service providers to offer their observations and interpretations. This can be extremely valuable beyond reviewing the raw data of the report as information is translated into key trends, best practices and practical ideas for improving your e-discovery process.

The e-Discovery Team / Ralph Losey

The eDiscovery Paradigm Shift

Legal Technology Today

Liquid Litigation

I’m sure I’ll add a few more over the next few weeks …

Early Case Assessment, Cost Savings & Privilege Problems | Legal Talk Network

Early Case Assessment, Cost Savings & Privilege Problems | Legal Talk Network.

The ESI Report on Legal Talk Network explores early case assessment in this podcast. ECA is something that attorneys have always done but because of today’s technology, they are able to utilize tools to manage the cost and quality of early review of electronically stored information that is potentially relevant to a case.

Key learning points include:

  • how to utilize ECA technology to contain & manage costs
  • ways to improve quality and defensibility of your e-discovery process & workflow