The Process Of Managed Document Review

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 review may be handled by the company's primary legal counsel, an outside specialist in the area of law or professional discipline at the center of the dispute, or a company that focuses on managing document review alone.

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.

External providers of managed document review typically furnish a team, facilities, the necessary technical support, and project management. The review team will likely include a separate attorney or array of legal specialists employed by the consulting firm. They may work on-site for the client or at a separate location. The process can entail scanning paper documents into electronic form.

Managed document review requires the right team of experts to assess the material, and the ability to manage workflow efficiently. The reviewing firm must make certain to communicate regularly and clearly with the client or clients, maintain quality control, keep accurate logs of production and privileged materials, and provide timely reports on the process.

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.

Often, the client will expect the provider of managed document review to go through opposing party's (or parties') files relating to the case as well. All the materials that get turned over during discovery, in which the parties exchange papers and electronic records that could prove relevant in the dispute, will have to be sifted for critical details, in the same way the client's in-house records are studied and selected. If the company does work overseas or has its own foreign clients, translations may also have to be performed.

Companies that perform managed document review also have to adhere to the requirements of maintaining client confidentiality and guarding privilege, to the same degree as the referring law firm. Employees will sign binding nondisclosure agreements. The managed document review process continues beyond a settlement or judge's ruling. Reviewers will be expected to write up a full documentation of the process, and identify the essential documents that must be set aside in case of a reopening of the matter, appeal to another venue, or use in related litigation.

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