It’s pretty easy to execute a Google search on “e-discovery” and immediately become overwhelmed by the amazing volume of information available. Where should you begin reading? What’s fluff? What’s not? What’s educational? What’s marketing jargon? Over the next few weeks, we’re going to dedicate MONDAY mornings to reading about electronic discovery basics. Each week, look for a new post to learn about e-discovery without becoming overwhelmed.This week, we continue our series on technology used to support e-discovery with a few resources for you to learn more about ESI Review & Analysis.
A good working definition for document review is a task completed by attorneys to determine which documents (electronic or paper) are going to be useful as the litigation matter moves forward.
You may be tasked with managing a team of reviews… if that is the case, then read this, too.
Most of the litigation technology software over the past 25 – 30 years has been developed to support this phase of litigation. It is not unique to e-discovery but electronically stored information was the catalyst for major new developments in litigation technology over the past decade or more. Here are a couple of the most recent examples and two of the traditional tools in today’s marketplace (this is not an endorsement of any tool…)
The majority of the litigation budget is typically spent on the attorney review. This article discusses some of the ways to cut time and cost using technology.
Analysis can be a difficult term to define in our world as much of the technology has driven the definition in recent years. However, simply put, “analysis” is what the attorneys do when they review. In an effort to save time and trim costs, technology has developed to assess and analyze litigation data early in the case as well as later. The technology does NOT replace the attorney review. The courts are still inconsistent on whether or not to require the technology but seem to be leaning towards requiring it… And I always say: The tools are not as important as the process. Do not bet your whole case on the technology available. My two cents. That said, here’s some useful information about ESI Analysis (again, not an endorsement):
I hope this overview of ESI Review and Analysis has been helpful to you as you continue to explore and learn more about e-discovery!
If you have any questions, feel free to e-mail me at erika at learnaboutediscovery.com