Managed document review is a critical phase in the legal industry, particularly during litigation or investigations, where large volumes of documents need to be reviewed for relevance, responsiveness, and privilege. This process involves carefully analyzing documents to identify relevant information, protect privileged communications, and prepare for trial or discovery.

Table of Contents

Here’s a deep dive into the process of managed document review:

Project Planning:

At the outset, the legal team, often in collaboration with a managed review provider, defines the scope of the review project. This includes understanding the case’s specific requirements, relevant keywords, date ranges, custodians (individuals whose documents are to be reviewed), and any specific document types to be included or excluded.

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Data Collection and Processing:

The relevant electronically stored information (ESI) is collected from various sources, such as emails, files, databases, etc. It is then processed to make it searchable and easier to manage during the review. Data processing involves culling, deduplication, data normalization, and conversion into a reviewable format.

Document Review Platform Setup:

A secure and user-friendly document review platform is set up to facilitate the review process. This platform allows reviewers to access, review, and categorize documents efficiently. It also tracks reviewer progress and provides analytics on review metrics.

Keyword Search and Filtering:

The legal team creates specific keyword searches and filters to identify potentially relevant documents for review. This process helps to narrow down the document set to a more manageable size, reducing the number of irrelevant documents that need to be reviewed.

Training and Quality Control:

Reviewers, often a team of attorneys or legal professionals, receive training on the case’s legal and factual issues, review guidelines, and the use of the review platform. Quality control measures are established to ensure consistency and accuracy throughout the review process.

Review and Categorization:

Reviewers analyze each document for responsiveness (relevance to the case), privilege (communication protected by attorney-client privilege or work product doctrine), and any other specific issues defined in the project planning phase. Documents are tagged with appropriate labels and organized into categories based on their content.

Quality Assurance:

To maintain accuracy and consistency, random sampling and quality checks are conducted periodically throughout the review. If discrepancies or errors are found, additional training or corrective measures are implemented.

Document Production:

After completing the review, the legal team compiles a set of responsive and non-privileged documents to be produced to the opposing party, as required by the discovery process or court orders.

Redaction:

If necessary, sensitive information or privileged content is redacted from the documents before production to protect privileged communications or confidential data.

Privilege Log:

A privilege log is created to list any privileged documents withheld from production. The log typically includes information about the document, the basis for asserting privilege, and other relevant details.

Continuous Communication:

Throughout the process, there is ongoing communication and collaboration between the legal team, project managers, and reviewers to address any questions, concerns, or updates.

Final Review Report:

At the conclusion of the review, a final review report may be prepared, summarizing the review process, challenges faced, and any key findings.

Managed document review is a complex and resource-intensive process, but it plays a crucial role in ensuring a fair and efficient legal proceeding. Utilizing technology, experienced reviewers, and quality control measures can help improve accuracy and streamline the process, saving time and costs for the involved parties.