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Bust These 4 Myths on Your Next Document Review
Kara Kirkeby, Manager of Advanced Review Services, Kroll Ontrack
Beth Rauker, Principal eDiscovery Specialist, Medtronic
May 6, 2015
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Kara M. Kirkeby, Esq.
Manager of Advanced Review Services for Kroll Ontrack
Previously managed document reviews on complex matters for a large law firm
Member: Minnesota State Bar Association (Civil Litigation Section), the Hennepin County Bar Association, Minnesota Women Lawyers
Served as a judicial law clerk for Hon. Karen Klein, Magistrate Judge of the U.S. District Court of North Dakota
E-mail: [email protected]
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Beth Rauker
Manages all aspects of ediscovery relating to litigation matters as well government and internal investigations.
Focuses on managing costs as well as developing and documenting processes and procedures.
Serves as ediscovery liaison to Medtronic’s IT organization, coordinating data retention, email and information management efforts
Prior experience as an ediscovery project manager for a service provider and paralegal in several law firms
Email: [email protected]
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Overview
Introduction
Mythbusting in Document Review
Conclusion
Introduction
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Document Review is a Critical Step
A 2012 study by the Rand Institute examined rising ediscovery costs:
How does this impact litigation teams?» Increased risk and cost of sanctions are a prevalent concern
» Maximizing efficiency, defensibility, and value are more critical than ever
» Document Review is the most significant area where costs and risk can be mitigated
Mythbusting in Document Review
Document review just happens; you don’t really need a plan
Myth #1
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Truth: Document Review Doesn’t Just Happen
Without question, document review is the most expensive aspect of ediscovery» Planning for the review should start at the same
time the case team is thinking about preservation and collection
Failing to create a big picture plan and a thorough review manual can result in:» Multiple “slide reviews” for special issues or newly
discovered documents
» Downtime for reviewers as they wait around for more work
» Documents being touched two or three times
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What is the scope of your
matter?
(Amount in controversy
should dictate budget)
What is the complexity of
your matter?
(Consider volume of data and
relevant deadlines)
What technology options do you
need?
(EDA; analytics; technology
assisted review)
Choosing the Right Review Tool
Not every tool is right for every matter – choose the right tool for the case
Process and workflow decisions hinge upon the review tool
Review speeds differ depending on tool features and team’s expertise with the tool
Don’t let any member of your case team procrastinate when it comes to planning for review and follow through to the end
Lesson #1
Any old attorney can conduct (or manage) a document review
Myth #2
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Truth: Experience and Skill are Needed
Many document attorneys today have specific training and certifications in various review platforms» These attorneys understand how to employ the strictest quality
control protocols to help maximize time and minimize costs
Sometimes a review requires expertise or substantive knowledge in a specific area» Banking and financial services
» Pharmaceuticals
» Insurance
» Agriculture
» And more…
Whether or not you outsource, a point person is critical
• Ideally this person can remain committed for the duration of the project
Can you identify subject matter
experts?• Are in-house resources adequate to the project? If not, identification and
training of contract project leads is critical
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Truth: Experience and Skill are Needed
Make sure you are equipped with the right people resources for your next review
Lesson #2
All document review technology is equal
Myth #3
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Truth: Technology is Vastly Different
There are significant differences in how review platform capabilities are executed by users» This impacts the expected results of a
specific function
Rock star document review professionals understand and can articulate the features and benefits of multiple review tools» They will know how and when to leverage features such as workflow,
predictive coding, near de-duplication, topic grouping, smart searching and machine translation (just to name a few)
You should not settle for anything less than document review technology superstars
Lesson #3
It will be obvious when you can stop your review… when you run out of documents
Myth #4
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Truth: Stopping a Review is Complex
Determining when to call the review “complete” is complex
Document review professionals are skilled at interpreting metrics and reports generated by the document review technology» They are able to recognize when the numbers
are showing a high-quality review versus an incomplete review
Dust off your math skills (or leverage a specialist)– it’s the only way a savvy document review professional knows when a review is finished
Lesson #4
Conclusion
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Parting Thoughts
The truths of document review:» Don’t take it lightly
» Plan ahead of time
» Leverage document review superstars
