Keep the Review Pass Focused

Have the review team start by coding only for responsiveness. The coding panel should include nothing more than the "responsiveness" field, with coding choices for "responsive," "not responsive," and "further review needed."  

Once this process is underway, move a handful of reviewers to focus on an in-depth analysis of all documents tagged as "responsive" during the initial pass. This team should use a separate, more detailed coding panel with issue tags, confidentiality assessment and/or privilege analysis. With fewer decisions, one team can move faster through the initial review process while the other team focuses solely on the documents that were flagged as responsive to the case.

Place the Important Coding Fields at the Top of the Panel

This ensures that key fields are evaluated first. Reviewers typically work from the top to the bottom of the coding panel. Coding choice placement should flow like a story, with a logical beginning, middle, and end. For example, responsiveness before confidentiality, confidentiality before privilege, and "review complete" at the end.  

Conditional Rules

Also called "event handlers" in some tools, can be configured to make one coding choice dependent on another.

If the coding rule is not satisfied, the system will stop the reviewer from moving to the next document. For example, a condition requiring a reviewer to apply issue tagging to responsive documents will stop the reviewer from moving on from a responsive document if no issue is checked. Similarly, if a reviewer is required to identify a privilege type on every document tagged as privileged, the condition will not allow the reviewer to move to the next document if the privilege type tag is left blank.

Consider the Functionality of

the Coding Panel

If coding choices are presented in a dropdown list, the reviewer will have to click once to open the drop down box and again to select a choice. Having the coding choices visible in a check box format will save time. Think of it this way: two seconds are spent clicking on the dropdown box. In a batch of 200 documents, that adds up to approximately six minutes per batch. If a reviewer completes four batches per day, two and one-half hours are wasted weekly, per reviewer, on unnecessary clicks.

Avoid the Coding "Black Hole"

Never present tags such as "Other" or "Miscellaneous" as coding choices. Entry-level reviewers will have a tendency to use this tag as a default when they are pressed for time or do not know where else the document fits in. 

Avoid Filling the Very Top of the Panel with Metadata

The time the reviewer spends reading and scrolling through the coding panel adds up. While helpful, having to scroll through that for every document adds time to the process. Instead, consider creating a separate tab on the layout for reviewers to access when needed.  

Required Fields

Requiring certain fields to be completed ensures that all critical decisions are applied. The reviewer cannot move to the next document until the required coding field is applied.

System Security

Security controls can be used as a way to manage review teams with specific assignments. Rather than a reviewer selecting the correct coding panel from a drop down, the reviewer should see only the coding panel for the assigned task. Use security controls to hide all other panels from view. System security should also be used to ensure that a reviewer's document list only includes the documents specific to the assigned task. Documents outside the scope of the assignment will be hidden from view.

Use Metadata to Gain Clarity Over Vague or Empty Documents

Metadata is data about data; information about a document that is not always visible. Examples include email from/to/cc/bcc, file type, author, last modified by, date created, date revised, revisions, versions, comments, and whether the document is password protected. Understanding the type of document and where it comes from may be more helpful than the visible text of the document.

The document's folder location can give some insight as to the inferred purpose of the document. For example, in a stockholder litigation, the location of a document may reveal the companies that were being evaluated for a potential merger. Without the folder location, the document may have been tagged as not responsive or overlooked. 

Author name and initials can be used to identify the privileged nature of a document. For example, a standard non-disclosure agreement was authored by in-house counsel. This may be an indication that the agreement is still in draft form. 

The date and time the document was last modified and by whom can be used to explain a difficult situation such as a person's access to and editing of a document without permission to do so. 

Ayesha C. Bennett, Esq.

Manager

Legal Review & eDiscovery Relativity Review Management Specialist 

Ayesha takes a hands-on approach to every review.  She has a thorough understanding of the electronic discovery process and works closely with clients to create customized review workflows tailored to the specific needs of each case.  She enjoys the problem solving aspect of managed review and devising effective strategies for project completion. With 10+ years of prior experience practicing law in Delaware, Ayesha's background includes corporate litigation, bankruptcy trust claims administration, and corporate reorganization matters.

Andrew J. McClary

ESI and Discovery Manager Relativity Master

Andrew McClary has worked in the litigation support space since 2009, engaging directly with law firms and custodians to provide eDiscovery solutions. In addition to forensic collections, managed review, and general project management Andrew works in the Wilmington legal community to help further education around electronic evidence and the tools available to organize and expedite complex matters.

Sarah Brase-Davis, Esq. Assistant Manager of

Legal Review and eDiscovery

Sarah began working in the litigation support field in 2018 and transitioned to DLS Discovery at the beginning of 2021. Prior to entering the litigation support industry, she engaged in Healthcare Law and has worked in a supervisory capacity for 12 years.

With a Graduate degree from Widener School of Law, and current bar licenses in PA/NJ, Sarah is a valuable asset to the

eDisocvery team.