The Basics of E-Discovery: Review
What Is E-Discovery Review?
When people think about e-discovery, they most often think about the review phase of the Electronic Discovery Reference Model (EDRM). This phase typically includes three key components:
- Reviewing documents
- Analyzing them to determine whether they are responsive or non-responsive
- Producing relevant documents to the opposing party
The review phase is usually the most labor-intensive and expensive part of the e-discovery process.
Who Conducts Document Review?
A typical review team may include attorneys, paralegals, and associates. Document review can be handled internally by corporate legal teams or outsourced to outside counsel, depending on the organization’s resources and infrastructure.
Regardless of who performs the review, staying current with legal industry trends and leveraging the right technology can significantly reduce costs and improve efficiency.
Why Is Review So Expensive?
There are several reasons why document review can become costly:
- Over-collection of data: Teams often review large volumes of non-responsive documents
- Inefficient staffing: Not involving the right personnel can slow down progress
- Lack of collaboration: Poor communication among team members leads to delays
Additionally, failing to use appropriate technology can dramatically increase costs. Just as no one relies on printed directories to find information today, legal teams should not rely solely on manual review methods.
What Role Does Technology Play in Review?
Technology plays a critical role in modern document review. Many tools fall under the umbrella of technology-assisted review (TAR), which includes features such as:
- Email threading: Groups related emails together for easier review
- Data visualization: Uses charts and visual tools to highlight trends and relevant data
- Artificial intelligence: Helps identify and prioritize likely relevant documents based on patterns and past decisions
These technologies help legal teams work faster, reduce costs, and improve accuracy.
