A review of legal documents by attorneys for relevance, specific issues and privilege.
Cornell Law School defines the discovery phase of litigation which includes document review where attorneys review and analyze ESI such as electronic documents and email threads as part of the overall discovery process prior to the information being provided to the opposing, or other, parties in a legal proceeding such as a lawsuit or regulatory inquiry. During the document review phase of discovery, information is identified for relevance and privilege to the legal proceeding.
How is Document Review related to eDiscovery?
The document review phase is an important part of eDiscovery because it is the phase of the overall litigation process where ESI is identified and designated by the legal team for relevance, with issue codes and analytics tags and to ensure privileged documents are not inadvertently provided to the opposing party.
Documents may be reviewed by attorneys, experts or legal professionals working under the direction of counsel and are typically considered the most critical and costly phase of the legal discovery process. Since document review is the most costly phase of the discovery process, there are several new methods employed by parties to lawsuits to help reduce the number of documents that need to be reviewed and also to review those documents using automation and machine learning techniques to increase the speed and accuracy of legal document reviews.
The best way to maximize cost savings is to ensure the document review team is comprised of experienced attorneys or legal professionals steeped in the legal document review process and highly familiar with all of the relevant tools and platforms including having strong knowledge in the processes and methods for performing TAR, CAL and using analytics to assist in the legal document review process.