Archive for August, 2011

Underneath the cloud, at the base of any electronic discovery project, are contract attorneys.  Hopefully, they have been trained and armed with solid, objective criteria to make decisions regarding what is privileged.   If they have not, J-M Manufacturing Company, Inc v. McDermott Will & Emery  makes it clear that law firms and their vendors will be sued for […]


It is important that any document review team gets proper training.  That means taking the time, prior to the start of the project, to prepare a document review protocol manual for the team members.  This document will provide the reviewers with basic guidelines for the review.  Although, each protocol must be suited to its particular case, there are some standard pieces of information […]


Do unto others as you would have done unto you.  This simple proverb, if followed, will surely increase the productivity and accuracy of your document review.  A Kansas State University researcher found that happy employees have higher levels of job-related performance than do unhappy employees. Finding happy employees is not always an easy achievement when […]


Determine the key objectives of the document review.  Then create a workflow diagram. The diagram should address these points: Document coding guidelines - privilege, responsiveness and confidentiality. First-pass and a second-pass document review. How potentially privileged documents will be identified. Redaction protocol. The QC process and protocol. Procedure for handling documents with technical issues, foreign language, […]


There are three essential goals in the review process: (1) Do not produce privileged documents, and segregate documents with any privileged information. (2) Review and tag relevant, non-privileged documents for production. (3) Identify “hot” documents pertinent to the narrow the issues of the case.



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