It’s pretty easy to execute a Google search on “e-discovery” and immediately become overwhelmed by the amazing volume of information available. Where should you begin reading? What’s fluff? What’s not? What’s educational? What’s marketing jargon? Over the next few weeks, we’re going to dedicate MONDAY mornings to reading about electronic discovery basics. Each week, look for a new post to learn about e-discovery without becoming overwhelmed.This week, we continue our series on technology used to support e-discovery with a few resources for you to learn more about ESI Review & Analysis.
A good working definition for document review is a task completed by attorneys to determine which documents (electronic or paper) are going to be useful as the litigation matter moves forward.
You may be tasked with managing a team of reviews… if that is the case, then read this, too.
Most of the litigation technology software over the past 25 – 30 years has been developed to support this phase of litigation. It is not unique to e-discovery but electronically stored information was the catalyst for major new developments in litigation technology over the past decade or more. Here are a couple of the most recent examples and two of the traditional tools in today’s marketplace (this is not an endorsement of any tool…)
Traditional Option # 1 and Option# 2
Newbie #1 and Newbie #2
The majority of the litigation budget is typically spent on the attorney review. This article discusses some of the ways to cut time and cost using technology.
Analysis can be a difficult term to define in our world as much of the technology has driven the definition in recent years. However, simply put, “analysis” is what the attorneys do when they review. In an effort to save time and trim costs, technology has developed to assess and analyze litigation data early in the case as well as later. The technology does NOT replace the attorney review. The courts are still inconsistent on whether or not to require the technology but seem to be leaning towards requiring it… And I always say: The tools are not as important as the process. Do not bet your whole case on the technology available. My two cents. That said, here’s some useful information about ESI Analysis (again, not an endorsement):
I hope this overview of ESI Review and Analysis has been helpful to you as you continue to explore and learn more about e-discovery!
If you have any questions, feel free to e-mail me at erika at learnaboutediscovery.com
- Tagged analysis, analytics, automated review, buying software, early case assessment, ECA, ediscovery, EDRM, Review, review technology, review workflow, TAR, technology assisted review
Predictive coding and technology assisted review have been hot topics in the e-discovery world for over a year. Here are a few resources for you to learn more about it. We will begin with a recent video interview of Ralph Losey where he briefly discusses PC and TAR as well as transparency at Legal Tech NY.
Next, listen to this 30 minute PODCAST from Legal Talk Network
And finally, let’s keep in mind that the key word here is “assisted” … you and your review team still need to learn the facts of the case… check out this post from the e-Discovery Daily blog
Learning about electronic discovery includes keeping up to date with the latest technology and practice trends in our field. Legal Tech New York 2012 was this year’s first major trade show and conference. Here are a few of the top blog posts & articles covering the event:
E- Discovery Daily
Legal Talk Network – podcast 1 and podcast 2
eDisclosure Information Project
Predictive coding dominated the sessions. Most agreed that it is coming – you should be prepared – but even the most enthusiastic advocates cautioned it does not necessarily replace humans. Two primary drivers for adoption emerged: 1) skyrocketing costs associated with human review teams, especially when data volumes are very large; and 2) superior accuracy of technology-assisted review, which is not susceptible to the random errors and inconsistencies of humans, and which can identify and remediate inaccuracies through a process of iteration.
In addition to the excitement about predictive coding, cloud-based data and ECA were also hot topics. Another common theme might be summed up with the phrase “methodology matters” – that is, business process is critical and must be well understood before you can make real progress in improving efficiency and controlling costs.
My new favorite phrase is “methodology matters” to describe what is essentially project management. Technology is great but if your business process is lacking, then you might as well plan on wasting a lot of time and money. And by now, you can tell that the other major topic at LTNY this year was predictive coding (also known as computer assisted coding).
What did you learn about e-discovery at this year’s show? What changes to your practice are you making since you returned from NY?
- Tagged automated review, buying software, corporate perspective, cost containment, ECA, EDD Project Management, electronic discovery, information governance, LTNY, Podcasts & Videos, practice trends, quality control, review technology, Software, technology, vendor sponsored, Webinars
- Tagged automated review, buying software, checklists, cost containment, Defining PM Team Roles, EDD Project Management, lawyers as project managers, privilege, quality control, Review, review technology, review workflow, Train the Trainer
EDRM Document Review Workflow Chart
Aim: To gain an understanding of document content while organizing them into logical sub-sets in an efficient and cost effective manner.
Goal: Develop facts, reduce risk, reduce cost, leverage technology, facilitate collaboration and communication.
via Review Guide « The Electronic Discovery Reference Model.
This is a pretty in-depth overview of what you need to know to successfully plan and manage a document review.
Key Learning Points include:
- Review Technology, Process & Workflow
- Review Team Management
- Vendor / Service Provider Selection
- Reporting and Metrics
- Tagged automated review, buying software, checklists, cloud / SaaS, cost containment, ECA, EDD Project Management, manual review, quality control, Review, review technology, review workflow, technology, Train the Trainer
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.
- Tagged automated review, cost containment, defensibility, ECA, EDD Project Management, privilege, Production, quality control, reasonable efforts, Review, review technology, Searching, Software, TREC, vendor sponsored, whitepapers
Once is Not Enough: The Case for Using an Iterative Approach to Choosing and Applying Selection Criteria in Discovery « The Electronic Discovery Reference Model.
This white paper is part of a series by the team at the Electronic Discovery Reference Model (EDRM.net).
Key learning points include:
- latest industry thought on searching ESI
- measuring the effectiveness of searches
- ways to contain costs through searching & culling data
- ways to mitigate risks associated with searching ESI
Hosting eDiscovery in the Cloud: Know What You’re Getting — EnterpriseStorageForum.com.
This article addresses the cloud based applications and their impact on e-discovery as a storage option for document review databases. It does not address issues involving collecting ESI from the cloud environment.
Key learning points include:
- Definitions of types of cloud computing options available
- Questions to ask your hosting provider
The eDiscovery Paradigm Shift.
This article explores an on-going open discussion about manual document (ESI) review vs. automated review.
Key learning points include:
- when does a manual review make the most sense?
- considerations for making the review workflow decision
- a discussion of technology options for document review