Introduction to E-Discovery: Technology (Part 4 of 5)

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.

REVIEW

Definition

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.

EDRM definition

You may be tasked with managing a team of reviews… if that is the case, then read this, too.

Software

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

Discussion

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

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):

Definition

Software 

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

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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

Commentary on Proportionality: The Sedona Conference

The Sedona Conference. – Follow this link to the Sedona Conference website to download your copy of their latest publication commenting on proportionality.

 

Here’s what others have had to say about it so far:

Today The Sedona Conference® made available its Commentary on Proportionality in Electronic Discovery.  The commentary (published as a “public comment version”) provides valuable insight and guidance on one of the hottest topics in e-discovery today.  Among other things, the publication identifies six Principles of Proportionality, intended to “provide a framework for the application of the doctrine of proportionality to all aspects of electronic discovery.”

Electronic Discovery Law (blog)

 

The lawyers who really know how to use these new inventions, or have licenses and training to use them, will eventually be able to meet the review deadlines. They will be able to do so without employing an army of reviewers and breaking the bank. That is the brute-force technique now used, dare I say enjoyed, by many law firms today. Clients will eventually awaken from the spell of old paper models, where attorneys eyes on every page is considered necessary. Big corporate clients will eventually stop rewarding inefficiency. In the near future, quality privileged document review may be accomplished in short order. The law firms and corporations that learn how to do this, and how to properly argue proportionality, will have a distinct competitive advantage. They will have a new Patronus to defeat the Dementors. Only they can defeat the Dark Lords and keep their secrets, secret.

The e-Discovery Team (blog)

 

Also check out the eDiscovery Journal‘s perspective on this topic

Review Guide « The Electronic Discovery Reference Model

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

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

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.

Hosting eDiscovery in the Cloud: Know What You’re Getting — EnterpriseStorageForum.com

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

Are you ready to Learn?

Are you ready to

LEARN ABOUT E-DISCOVERY?

Welcome!

Do you find the amount of information available today about e-discovery overwhelming? Do you sign up for multiple RSS feeds,  e-mail newsletters and Google Alerts but don’t have time to sift through all of the information to actually learn and digest anything? This site is for you! Here you will find information that has educational value sorted by topic then by target audience. Some articles and blogs are written for a general legal industry audience while others are targeted just to paralegals, attorneys or litigation support professionals.

We don’t have all of the answers here but will do our best to point you in the right direction.

Learn about e-discovery in general

Learn about e-discovery project management

Learn about training others on e-discovery

Learn about e-discovery or litigation support software

Learn about forensics and data collection

Learn about Legal Holds

Learn about Searching

Learn about Document Reviews

Learn about Document Productions

Learn about Early Case Assessment

Not interested in self-directed learning? Let us know and we can help you find or design the right training program to meet your learning objectives.