Should You Outsource Managed Document Review

The discovery process before a trial can be a big hassle in large class action lawsuits or cases in which a huge corporation is a party

. Managed document review can be of great assistance during this discovery process. If some billionaire Bill Gates or a Rockefeller is your defendant, then cost probably doesn't matter, but few attorneys get that lucky. Most are stuck worrying about, and answering for, billable hours. Managed document review is one way to reduce costs on discovery, which will allow you to bill for other things.

One the face of it, this would seem foolish. A key piece of evidence unearthed in discovery can decide a case. Not finding that key piece of evidence could result in a loss, or higher damages.

One problem in huge cases is that there are so many documents to assay that it is impossible to do if the client is billed at standard attorney rates.

This is where managed document review can be a big help. Document review work is farmed out to a vendor which charges much lower hourly rates than an attorney. They are given precise instructions which tell them what they are looking for, and what they don't need to worry about. They find the useful information and ignore the rest, forwarding the only documents that are truly important to your legal team.

Managed document review is not without some risks. If a client is clearly wrong but fighting a case anyway, letting strangers view sensitive documents is foolish. Also, intelligence of reviewers is key. Smarter reviewers are needed, but are obviously pricier.

Inexpensive managed review is impractical for some technical subjects like science. As only scientists can understand such documents, and they are expensive, their review of documents is costly. In this situation, even lawyers cannot review documents, so experts must be used, but there is no cost savings.

Second world nations such as India have document review companies that charge but a fraction of U.S. counterparts, but they can be a mixed blessing. Documents must be scanned to be transferred rapidly overseas by electronic means, and there are always security concerns in such transferals. Shipping is a slow process.

An increasingly popular form document review is scanning or digitization. Documents are scanned using high speed scanners, optical character recognition is run, and then keyword searches can be performed on thousands or more documents. The value of such searches is limited, in that they are not intelligent, and cannot understand the text the way a reader can. Sometimes there is no substitute for reading reams of documents.

Many lawyers take a dim view of managed document review because it is much more profitable to simply have in house lawyers review all documents. Remember that the procedure can be farmed out without informing the client, and they can still be billed at normal rates. This is a great way to drastically increase profits on a case.

by: ketllybrady@gmail.com

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