Page 99 - Leaders in Legal Business - PDF - Final 2018
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used, and where the data went after collection. If the data is not reasonably accessible, it may be
appropriate to negotiate with the requesting party or seek relief from the court.
Meeting collection requirements often requires the expertise of a reputable discovery
provider; relying on self-collection risks the omission of key data, the inadvertent loss or
modification of metadata, or a claim of self-interest by the opposing party.
Processing
The processing stage converts collected data to a form that can be systematically
analyzed and reviewed in a software platform. During this phase, an e-discovery provider can
employ strategies to reduce the volume of data such as removing duplicate documents (a process
called “deduplication”), system files, and other irrelevant noise from the collection, ultimately
lowering the cost of the priciest stage of discovery: review.
Review
During this stage, the client’s data is reviewed and coded for responsiveness and privilege
to prepare it for production. Studies have shown that review is the most expensive phase of the
process, with some researchers maintaining that it accounts for up to 73 percent of discovery
budgets.4
Clients have panoply of options at their disposal for reviewing data. Traditionally clients
have relied on manual (or linear) review, wherein an army of lawyers pores over each document.
Today many organizations employ tools to sort the data electronically, using search terms to
isolate potentially relevant data, which then is sent to reviewers for responsiveness and privilege
review and coding. Other analytic techniques, such as e-mail threading, can eliminate the need to
review multiple chains of the same e-mail. Advanced technology-assisted review solutions,
including predictive coding, can speed the process of review by applying computer logic to the
data population, enhancing and in some cases replacing the first levels of human review. A
knowledgeable discovery provider can discuss the best options for the particular matter based on
scope, cost, and the nature of the data.
Analysis
The analysis of information plays an essential role in the early assessment of cases.
Evaluating ESI for content and context can highlight critical fact patterns such as timelines,
revisions to documents, and the roles of various players in the litigation. Data analysis can also
help determine potential exposure that can drive decisions such as whether it makes economic
sense to settle early or proceed to trial.
Production
Production is the phase in which the responsive data is made available to the other
parties. In some jurisdictions, local rules may specify the appropriate form of production for
4 Nicholas M. Pace & Laura Zakaras, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, 41-42
(2012), http://www.rand.org/content/dam/rand/pubs/monographs/2012/RAND_MG1208.pdf.
85
appropriate to negotiate with the requesting party or seek relief from the court.
Meeting collection requirements often requires the expertise of a reputable discovery
provider; relying on self-collection risks the omission of key data, the inadvertent loss or
modification of metadata, or a claim of self-interest by the opposing party.
Processing
The processing stage converts collected data to a form that can be systematically
analyzed and reviewed in a software platform. During this phase, an e-discovery provider can
employ strategies to reduce the volume of data such as removing duplicate documents (a process
called “deduplication”), system files, and other irrelevant noise from the collection, ultimately
lowering the cost of the priciest stage of discovery: review.
Review
During this stage, the client’s data is reviewed and coded for responsiveness and privilege
to prepare it for production. Studies have shown that review is the most expensive phase of the
process, with some researchers maintaining that it accounts for up to 73 percent of discovery
budgets.4
Clients have panoply of options at their disposal for reviewing data. Traditionally clients
have relied on manual (or linear) review, wherein an army of lawyers pores over each document.
Today many organizations employ tools to sort the data electronically, using search terms to
isolate potentially relevant data, which then is sent to reviewers for responsiveness and privilege
review and coding. Other analytic techniques, such as e-mail threading, can eliminate the need to
review multiple chains of the same e-mail. Advanced technology-assisted review solutions,
including predictive coding, can speed the process of review by applying computer logic to the
data population, enhancing and in some cases replacing the first levels of human review. A
knowledgeable discovery provider can discuss the best options for the particular matter based on
scope, cost, and the nature of the data.
Analysis
The analysis of information plays an essential role in the early assessment of cases.
Evaluating ESI for content and context can highlight critical fact patterns such as timelines,
revisions to documents, and the roles of various players in the litigation. Data analysis can also
help determine potential exposure that can drive decisions such as whether it makes economic
sense to settle early or proceed to trial.
Production
Production is the phase in which the responsive data is made available to the other
parties. In some jurisdictions, local rules may specify the appropriate form of production for
4 Nicholas M. Pace & Laura Zakaras, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, 41-42
(2012), http://www.rand.org/content/dam/rand/pubs/monographs/2012/RAND_MG1208.pdf.
85
