After electronic discovery has been “processed” and “indexed“, the legal team can then perform “keyword searches”. Although there is much debate in our industry about the proficiency and accuracy of performing keyword searches to isolate subsets of data to be reviewed and analyzed, prior to production, the legal team performs numerous keyword searches, throughout a…
In a previous article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. As I mentioned in that article, the term “processing” encompasses many steps, which can make it one of the most difficult topics to teach to newbies in litigation support. Some of the “processing” steps…
This is yet another term we toss around when discussing electronic discovery. We borrowed the term “cull” from other meanings. If you look up the definition, it will mention (1) reducing the population of a wild animal or (2) selecting from a large quantity; obtain from a variety of sources. When I teach newbies, I…
In a previous article, I began a discussion about processing electronic discovery. One of the decisions we need to make before we begin processing electronic discovery is related to time zone. Most of the software used in our industry to perform processing will require a setting for the time zone. If all of the email custodians are…
Like many other “seasoned” litigation support professionals, I remember when businesses did not use email. By the time, email started showing up “at the office”, I was already working with litigators. So, I was helping with litigation discovery that was primarily in paper form and maybe a small portion of electronic files like WordPerfect documents….
In a previous article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. Later, I wrote a few articles about some issues that come up during the processing of electronic discovery. One was exceptions and the other was embedded objects. Another issue that we have to deal with,…
In a previous article, I began a discussion about processing electronic discovery. Another step of the process is dealing with the exceptions. One result of attempting to process all of the electronic files is a list of files that were unable to be processed. We refer to these files as exceptions. The service provider usually incorporates a…
Another aspect of “processing” electronic discovery is our love/hate relationship with “embedded objects”. Okay, it really is more of a hate relationship. This is another example of technology getting in the way of practicing law. Here is the reality: The lawyer collects their client’s electronic documents so they can review them, before producing a subset…
In a previous article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. Now we will discuss one of the stages within the workflow of processing electronic discovery referred to as “deduplication”. Remember, the goal of processing is to get the electronic documents we collected into a format that we can easily…
In my last article on the topic of electronic discovery, I began the conversation about a term we use called “processing”. Now we will discuss one of the stages within the workflow of processing electronic discovery referred to as “deNISTing”. Why did I type part of the word in all caps? Because it includes an acronym. We use the…
In previous electronic discovery articles, I discussed the Subpoena/CID, the Identification of Custodians, Collection, Chain of Custody and a Forensic Image. This article is the first of several where I will discuss topics related to the processing of electronic discovery. The term “processing” encompasses many steps which can make it one of the most difficult topics to…
Abby Rosenbloom and I decided to write a series of articles together related to the infamous world of managing a document review. There are no standards. There are best practices. There are personal preferences. There are lessons learned. I have known Abby for over 15 years. We have worked in different roles within the industry,…
In previous articles, I discussed the Legal Hold, the Subpoena or CID, the custodian Identification process and Chain of Custody. Now we need to discuss a very important part of the collection process. In terms of best practices, any data collection should be handled very carefully to avoid changing the data in any way. However, the…
The overall goal for a document review is for the document categorization to be as accurate/consistent as possible and for the review to be completed in a timely fashion. As a litigation support professional, one of my favorite project management tasks is managing a large document review. Designing an efficient workflow and process is key,…
Abby Rosenbloom and I decided to write a series of articles together related to the infamous world of managing a document review. There are no standards. There are best practices. There are personal preferences. There are lessons learned. I have known Abby for over 15 years. We have worked in different roles within the industry,…
Mike Hamilton is a senior manager of e-discovery programs at Exterro. He is a legal and marketing professional with a passion and focus for creating thoughtful, out-of-the-box campaigns that advance e-discovery education and best practices. He holds a Juris Doctorate from the University of Oregon School of Law. Find him on LinkedIn and follow him…
In previous electronic discovery articles, I discussed the Subpoena/CID, the Legal Hold, the Identification of Custodians, and the Collection. One very important component of the collection of electronic discovery is preservation of the chain of custody. If the collection process is being handled by forensic professionals, they have very strict procedures for maintaing the chain of custody. They…
Imagine the associate attorney sitting in front of their computer staring at a database containing tens of thousands of documents. It is the beginning of the litigation matter and no one on the legal team has a good sense of what is in the document collection yet. At some point, the legal team will want…
I have been doing litigation support for a long time. I have worked with many attorneys on many cases. I have worked with many service providers. I know the various processes the attorneys will use to decide which document sets need to be included in the next production set. I have observed the attorneys making promises to…
In a litigation matter, after the subpoena is received and the custodians are identified, we begin to collect the client’s documents, both hardcopy and electronic. The document collections may be handled by the client’s IT staff and this can be a little concerning if the IT staff does not understand electronic discovery protocols. It is better…
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