Why the Right Process Always Gets the Right Results
The process of litigation review is just as crucial to the success of a project as the deliverable.
The increasing volume and complexity of matters, coupled with rapid advancements in technology and all-over-the-map pricing indicate why today’s reviews must be planned, strategic and managed. Projects occur nowadays with massive, partially culled datasets and minimally trained reviewers as much as with experienced teams, structured workflows and testing. We believe a well-planned process with the right team will result in a well-executed legal review.
A strategic, managed review that leverages the best people, tools and practices for the job, from initial planning through to quality control and final production is critical to success. Starting with standards based on recent case law and best practices gleaned from project management, teams can achieve the utmost in cost, efficiency and reasonableness for any review.
A well-managed review process is grounded in a several key practices:
Recent Case Law
There are two readings of Rule 26(g). First is the traditional view that a discovery production must be “complete and correct” when it is made. The other, championed by Magistrate Judge Andrew Peck, is that Rule 26(g)’s “complete and correct” requirement only applies to initial disclosures and that discovery productions are covered by Federal Rule of Civil Procedure Rule 26(b)(2)(C)’s proportionality principle. Perfection is not the standard in eDiscovery productions and reasonableness is as evident of by Judge Peck’s decision.
Quality Control
Quality assurance testing is necessary for a reasonable and defensible process that ensures discovery productions are responsive and privileges are preserved. Attorneys, project managers and the review team define the protocol for metrics, testing and producing discovery that includes validated searches and effective productions. There are many ways to conduct quality control, but the most important tenant is to measure quality early and often.
Project Management
Review has always required a high level of coordination and control. Crucial to the team is an experienced project manager who knows how to create a defined review process based on the lead attorney’s direction and expertise. In the fast paced world of litigation, selection of the right project manager who will be responsible for developing, implementing and monitoring effective processes is as important as the process itself.
Communication
A communication plan that defines a process for the free flow of information from and between all stakeholders is a critical step in the process. Kickoff meetings, regular conference calls, feedback to incorporate quality control changes and reviewer feedback are critical elements. Thorough and consistent communication increases quality and overall project efficiency.
Process is Paramount
A tried and true process for managed document review includes extensive quality control, established workflows, vetted and experienced review teams, superior data security and confidentiality, and the latest in review technology and technology assisted review innovation.
For additional details on how to execute the right process to get the right results, read more:
• Best practices for quality control processes
• How to plan for communications during the review
• Current case law
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