Are You Adequately Prepared for Your Next E-Discovery Project?

Electronic document discovery, also known as E-Discovery, is fast becoming the standard method for document review in large litigation matters. Most literature available today on electronic discovery focuses on how to collect the data or how to manage the review process once it is underway. However, there is little to no guidance on the preparation for an e-discovery project. This article will address three simple questions every prospective e-discovery participant should review prior to beginning an e-discovery project. Thorough preparation can save in the overall cost of litigation.

1. Do You Have the Infrastructure to Support the Review?

Electronic document review can be accomplished either through the use of an internal database or with an Internet-based resource. Both present unique issues.

When utilizing an internal database, you must verify with your network administrator that your firm has adequate space on the network to hold all of the expected data and images. The amount of space required will vary depending on the way the images are saved. The vendor performing the imaging can provide you with an estimate of the space needed based upon total number of pages expected. It is important to note that true electronic documents ­ such as emails ­ will be converted to images for production. Therefore, you will need to include an estimate of electronic "pages" to have a proper calculation of space required.

In the alternative, when using an Internet-based review system, you must confirm with your system administrator that the location of the review has enough Internet bandwidth ­ the amount of data that can travel between the local network and the Internet at any given time ­ to support the review. It is important to remember that images are much larger than both emails and electronic files and will require more bandwidth. This is vital to the success of the review. If you do not have the ability to quickly move data across the Internet, there will be a time delay as reviewers sit and wait for images to appear on their computer screens. This will result in inefficiencies in the overall review process.

Staffing is another major consideration for you and your IT department. Think about whether you will be using contract personnel or other outside reviewers such as local counsel. You must be ready to provide these individuals with computers and, in many cases, network logins. By strategically planning, your network team can arrange for the rental of computers at reasonable prices. They will set up special access rights for document reviewers that will restrict their access to other portions of your network.

2. Do You Have Adequate Space for Your Review?

At the outset of the document review project, it is important to conduct an analysis to determine space requirements for your review team. Decide whether you have an adequate open area to accommodate the team of reviewers or whether you will need to provide individual workstations. Space in law firms is almost always at a premium and a document review can be an extremely long and drawn out process. Be mindful of this fact as you conduct your space planning analysis. If office space is scarce, consider whether there are conference rooms or case rooms available for the review. If not, explore off-site rental space as an alternative.

If you do need to have your review team on-site, from a technological standpoint, using open offices within your organization can be an ideal solution. These spaces will already be wired for your network. Furthermore, utilizing these unused spaces for profitable, billable activity is ideal. One consideration, however, is that this solution separates the document review team from one another and can result in possible communication problems.

Conference rooms and case rooms are a good alternative for keeping groups of reviewers together. Again, these spaces are already wired for access to the firm’s network (although there may be too few data lines for the number of reviewers you would like to house in the space) and foster open lines of communication amongst the review team. As a practical matter, however, you may face pressure from colleagues not to occupy conference rooms with document review teams. These spaces are naturally placed in high profile locations (and a room full of document reviewers can, at times, be unsightly) and are often needed for their intended purpose.

If you need a large review team and space is at a premium at your firm, obtaining an off-site location for the document review group may be the best answer. Dedicated space keeps your team together and facilitates collegiality and communication amongst the reviewers. Quite often, space can be secured at a very reasonable cost and, if planned right, can provide you with the flexibility to grow in the future if necessary. Finally, off-site review takes the strain of large document review teams off the infrastructure of your firm. It should also be noted that in the event you hire contract staff to perform a document review, some staffing providers, like Special Counsel, already have space available through TurnKey Legal Centers or can assist you in secured appropriate space for your project.

3.  Have You Prepared a Reference Manual for the Team?

Prior to commencing the document review project, prepare a manual outlining the facts and history of the case, along with rules and procedures for the document review project. By outlining the “rules of the road” for the project, you will be able to achieve better consistency throughout your review. Your manual should include a basic factual description of the matter, an outline of the important players in the case and significant issues for the review team to understand. This document should also provide definitions of database fields and how the entries should be formatted. This is critical because inconsistencies in formatting of the documents could result in inaccurate returns on searches down the line. If your review team will be making privilege determinations, you should provide a list of all known attorneys whose names may be contained within the documents.

In the event you utilize contract attorneys or outside counsel to perform the review, it would be worthwhile for the manual to also include a list of local restaurants, information concerning public transportation and taxis and local lodging including any negotiated rates the reviewers should expect.

Remember that the manual is a living document that will need to be updated throughout the review as additional information presents itself.

In sum, putting together a successful e-discovery review project requires significant strategic planning at the outset of the matter. By addressing infrastructure plans, space concerns and team training, you will reduce the risk of expensive mistakes.