What The Managed Document Review Process Entails
Managed document review, sometimes referred to as attorney document review
, involves the identification of documents relevant to a possible lawsuit. Companies may have to sift through hundreds or thousands of documents, paper and electronic, that could play a role the matter. Companies that specialize in managed document review say that well over two-thirds of legal costs today are accumulated here.
The client's designated legal counsel typically supervises document review, but that firm will often turn to an external legal or technical team to do the specialized assessment of the material. The process has become so labor-intensive and complicated that companies who handle managed document review alone have formed as outsource services for corporations and law firms.
Until recently, CEOs and administrative assistants organized their own files in drawers and cabinets, and placed sensitive documents in a safe. Since the advent of the Internet, increasing numbers of relevant documents exist primarily, and sometimes only, in electronic form. Although paper documents will probably always be with us, from contracts to licenses and diplomas, even those get scanned into electronic copies by corporations or their legal counsel.
Specialists in managed document review will usually provide their own team of attorneys, a soace to perform the labor, and the IT functions. It also performs project management. The consultant will have its own in-house lawyers to review and rate the documents. The outsourced work may still be performed in the client's offices for ease of access or to preserve client confidentiality. More often than not, paper documents will have to be scanned into the electronic files as part of the review.
The outside consultant will have to organize the optimal mix of expertise on its team to gauge what's essential in the files. It should know how to control workflow, generate precise privilege and production logs, maintain quality control, report regularly to the client and in a timely fashion, and make sure to communicate on an ongoing basis.
Metrics, the measurement of cost, time, and staffing levels, is an essential skill for document review companies. They should be able to anticipate a realistic reporting schedule, so the client or its law firm will know when it can expect to receive the information it is paying for and how much it will cost.
Managed document review may not only involve the client's files. Most likely, the consulting reviewer will also be tasked with sifting through the relevant documents generated by and for the opposing party or parties. Discovery, the pre-trial process through which potential litigants request and obtain each other's papers and e-documents in preparation for meeting in court, may involve another set of thousands of pages of material, whether on paper or in electronic formats. The review might also require translation of documents that originated in foreign countries.
All the standards that apply to law firms and litigation -- that is, privilege and maintaining client confidentiality -- extend to the external provider of managed document review. Once the case has been decided or settled, the reviewer must document the entire process from collection through production, and decide which documents should be stored or copied for related litigation, or in case of appeal or reopening of the matter.
by: ketllybrady@gmail.com
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