Managed document review is a crucial process in legal discovery, especially in cases involving large volumes of electronic documents. It refers to the organized and systematic review of documents for relevance, privilege, and confidentiality in the context of litigation, investigations, or regulatory compliance.
Here are the key aspects and steps involved in managed document review:
Planning and Preparation:
Understanding the case: The review team, typically consisting of attorneys, paralegals, and legal professionals, familiarizes themselves with the case, its objectives, and relevant legal issues.
Developing review protocols: Protocols are established to ensure consistency and efficiency throughout the review process. They include guidelines for coding, privilege determination, issue tagging, and quality control.
Data Collection and Processing:
Collection: The relevant data sources are identified and collected, including electronic files, emails, databases, and other relevant documents. This is often done using eDiscovery tools or through specialized service providers.
Processing: The collected data is processed to extract text, metadata, and other relevant information. This step involves data filtering, deduplication, and conversion to a reviewable format.
Technology-Assisted Review (TAR):
TAR tools, such as predictive coding or machine learning algorithms, can be employed to prioritize and categorize documents based on their relevance. This helps in streamlining the review process and reducing the overall time and cost involved.
Document Review:
Document review platforms: The documents are loaded into specialized software platforms that provide review interfaces and collaboration tools. These platforms enable reviewers to assess the documents’ relevance, privilege, and other attributes.
Coding and tagging: Reviewers evaluate each document based on the established protocols, applying coding decisions such as relevance, confidentiality, privilege, and issue tags. They may also create summaries or annotations for specific documents.
Quality control: Regular quality checks are performed to ensure consistency and accuracy in the coding decisions. Senior reviewers or quality control professionals may sample the work of individual reviewers and provide feedback or corrective measures.
Production and Reporting:
Production: Once the document review is complete, the relevant documents are compiled and produced to the opposing party or as required by the litigation process. This may involve redacting privileged or confidential information.
Reporting: Comprehensive reports are generated, documenting the review process, coding decisions, and any issues or challenges encountered. These reports may be used to support legal arguments, demonstrate compliance, or provide transparency to stakeholders.
Throughout the managed document review process, it is essential to maintain data security and confidentiality. Access controls, encryption, and secure review platforms are employed to protect sensitive information.
It’s worth noting that the specific workflow and nuances of managed document review may vary depending on the legal jurisdiction, the complexity of the case, and the tools and technologies used. Legal professionals, including attorneys, eDiscovery specialists, and project managers, play vital roles in coordinating and overseeing the entire review process.