The definitive guide to successful ediscovery document review
Best practices for reviewing evidence, protecting privilege and winning ediscovery
What is ediscovery document review?
Ediscovery document review is the process of organizing, searching, and evaluating collected evidence to identify what's relevant to a case — while keeping confidential and privileged material from ever reaching opposing counsel. Done well, it's a careful balancing act that depends on upfront planning, a clear workflow, and quality control at every step, not just a capable review platform.
Getting there requires more than good instincts. It takes a project plan, the right team and technology, a defensible privilege review process, and negotiated terms with opposing counsel before review even begins.
Does FRCP Rule 37(e) make it harder to be sanctioned for ediscovery mistakes?
Not as much as many lawyers assume. FRCP Rule 37(e) provides a uniform approach to spoliation of electronically stored information — if evidence is lost or deleted, a party isn't automatically liable. Harsh remedies like an adverse inference instruction generally require a showing of "intent to deprive" the other side of the evidence, which has made sanctions for spoliation significantly harder to obtain than before the rule took effect. That said, failure to turn over responsive evidence in good faith remains a serious risk — preparation and a defensible process are still what wins matters.
What are typical document review coding panel designations?
Most ediscovery coding panels organize documents into six categories: responsiveness (responsive, non-responsive, for further review), core issues (case-related topics), privilege (attorney-client, work product, consulting expert, not privileged), confidentiality (attorneys' eyes only, confidential, highly confidential), importance (hot, warm, cold), and admin (attorney notes, privilege log notes).
What you'll learn from this guide:
- How to develop a project plan and overall review strategy before the data arrives
- How to identify your workflow requirements and build a process around them
- How to select the right review team and review platform for your matter
- How to review for privilege without slowing your team down
- How to run quality control, validation, and production with confidence
- How to negotiate review terms with opposing counsel under FRCP Rule 26(f)
This free downloadable eguide is your master class in the ediscovery document review process — from first plan to final production.
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