Managed Document Review (MDR) plays a crucial role in modern legal practice, particularly in the context of litigation, investigations, and regulatory compliance. It involves the thorough examination of large volumes of electronically stored information (ESI) and physical documents to identify relevant and privileged information. MDR is a part of the broader eDiscovery (electronic discovery) process, which encompasses the identification, preservation, collection, processing, review, and production of electronically stored information during legal proceedings.
Here’s a deep dive into Managed Document Review and its role in law:
Table of Contents
1. The eDiscovery Process:
Before diving into Managed Document Review, it’s important to understand the broader eDiscovery process:
Identification and Preservation:
This stage involves identifying potential sources of relevant ESI and ensuring its preservation to prevent spoliation (destruction or alteration of evidence).
Collection:
Data identified as potentially relevant is collected from various sources, including emails, servers, databases, cloud storage, social media, etc.
Processing:
Collected data is processed to reduce its volume, remove duplicates, and convert it into a reviewable format.
Review:
The processed data undergoes review, where legal professionals assess its relevance, responsiveness, and privilege.
Production:
Finally, the relevant and non-privileged documents are produced to the opposing party or relevant stakeholders.
2. The Role of Managed Document Review:
Managed Document Review is a critical component of the eDiscovery process, particularly during the review stage. It involves the following key aspects:
Efficiency and Cost-Effectiveness:
MDR leverages technology and specialized review platforms to streamline the review process, making it more efficient and cost-effective. It allows legal teams to handle massive volumes of documents without the need for extensive manual review, reducing the overall time and expenses associated with the process.
Expertise and Quality Control:
MDR is often conducted by a team of trained attorneys, paralegals, or outsourced review professionals with expertise in the relevant subject matter or legal issues. Quality control measures are implemented to ensure accuracy and consistency in document coding and tagging.
Technology-Assisted Review (TAR):
TAR, also known as predictive coding, is a prominent feature of Managed Document Review. It uses machine learning algorithms to categorize documents based on human reviewers’ initial coding decisions. TAR learns from human decisions and applies that knowledge to predict the relevance of new documents, thereby accelerating the review process.
Privilege and Confidentiality:
MDR involves the identification and protection of privileged and confidential information, ensuring that such documents are not inadvertently produced during discovery.
Foreign Language and Conceptual Searching:
With globalization, legal cases often involve documents in different languages. MDR platforms can handle foreign language documents and use conceptual searching techniques to identify relevant information that might not be captured through traditional keyword searches.
Consistency and Defensibility:
Managed Document Review provides a structured and consistent approach to document review, making the process defensible in court. Detailed audit trails and reporting capabilities track the actions taken during the review, ensuring transparency and accountability.
3. Challenges and Considerations:
While Managed Document Review offers numerous benefits, it also comes with challenges and considerations:
Data Volume and Complexity:
The exponential growth of electronically stored information can result in vast data volumes, making the review process time-consuming and resource-intensive.
Data Privacy and Security:
MDR requires handling sensitive and confidential information, necessitating robust data privacy and security measures to safeguard client information.
Technology Competence:
Legal professionals must have the necessary technological competence to effectively use eDiscovery platforms and TAR tools.
Defensibility Concerns:
Opposing parties may challenge the defensibility of the review process or TAR methodology, necessitating clear documentation and validation of the chosen approach.
Continuous Adaptation:
Technology and legal requirements evolve, requiring legal professionals to stay updated on the latest developments in eDiscovery and Managed Document Review.
In conclusion, Managed Document Review is a pivotal component of the eDiscovery process, facilitating efficient and accurate review of large volumes of electronically stored information. Leveraging technology and expertise, MDR enhances the effectiveness of legal teams and contributes to a fair and just resolution of legal disputes.