Minimising errors in your discovery/disclosure production

During the final discovery and disclosure production, the risk of error can be minimised to limit any potential negative impact on the legal team or their client through a series of proactive and reactive technologically powered mechanisms.

Consider

• Structuring your database to suit your review can be achieved through good review planning. The review workspace should be set up to capture all the relevant information that will help you achieve your review outcomes as well as what might be required by a protocol or notice. Take the time to understand what you need to do and ensure those requirements are embedded into your workflow from the start.

• Implementing an ongoing project management system. Document review can span a significant period and involve several stakeholders. It is important to implement good project management practices that allow for regular reporting on progress, two-way communication about issues and challenges, as well as regular quality control checks. This will allow errors to be either prevented or proactively addressed along the way.

• Completing review well in advance of production deadline. No matter how good the reviewer or the process there will almost always be human error that may need to be rectified and technical challenges to overcome. It is important that you build in some time to undertake this work.

• Running final quality assurance searches. Your eDiscovery partner can assist you with tools for automating some of the final checks for inconsistent coding, potential privilege issues, and missed documents. The quality checking process should never be entirely manual and should rely on good technical workflows.