What to Know About Document Review

Whether you realize it or not, your data footprint is growing. In the event of litigation, this overflow could cost you immensely. The key component to maximizing your dataset and efficiently targeting pertinent information lies in the document review team, its processes, and your knowledge of how to prepare. This white paper explains what you need to know about document review, how to prepare for a project, and the benefits of outsourcing it to Managed Review.

What is Document Review?

A critical stage of litigation, document review involves sifting through and analyzing pertinent data and documents. Its aim is to 1. Identify internal documents crucial to a case, and 2. Fulfill legal obligations by providing relevant documents requested by the opposing party for litigation. Regardless of instance, the workflow follows: preserving, identifying, collecting, examining, processing, reviewing, and analyzing.

During this process, attorneys must thoroughly review all collected data, including disorganized files like email or data from disparate devices. This proliferation of data continuously accumulating poses a real challenge for legal teams in conducting a prompt, cost-efficient review, demanding greater technology and infrastructure to compete.

Why is Document Review Essential?

Typically, one of the reasons for document review is to fulfill legal obligations when opposing parties request relevant documents during litigation. The term 'relevant' is pivotal here. Review attorneys must ascertain which documents are relevant, some of which may be privileged and would be withheld. Distinguishing these documents, which you intend to withhold from the other party, is paramount, requiring document review.

What about Large Language Models (LLMs) in Document Review?

Considerable speculation surrounds the potential use of large language models (LLMs) like ChatGPT in document review. With their capability to process text and generate natural language responses, LLMs may assume the power of a review team and serve to code documents as responsive or non-responsive, providing detailed explanations for their categorization.

However, as this technology develops, one must surmise the potentially overwhelming cost and risks that could affect legal proceedings. Moreover, the risk of AI not distinguishing between factual information and disputed claims in the documents is an area of concern. Even sophisticated AI systems struggle to trace back to sources, leading to potentially erroneous responses when adequate information is lacking.

A hybrid approach, combining Generative AI to analyze sample document sets while maintaining the bulk of the project with existing workflows appears to be a promising solution. Human oversight and leadership are critical to ensuring accurate and superior service as AI continues to evolve.

Current AI in Document Review

Many AI tools already enhance document review. From Technology-Assisted Review (TAR) frequently in use for most document review teams, to newer tools to maximize disparate data systems, a competitive service will already have technology in place. Image Recognition allows teams to search and interact with visual data; Text Analysis targets sentiment and key themes in document summarization to inform nuance strategies; and Named Entity Recognition streamlines the identification of relevant entities, enhancing compliance and swift data breach responses for clients.

These tools and more, aim to accelerate review processes, improve decision-making, and reduce human error. In tandem with Project Managers, these tools will guarantee an elevated service for any review case matter.

How is Managed Review Different?

IST's Managed Review (MR) oversees every stage of the review. Backed by a team of thoroughly vetted review attorneys, nationally sourced and acclaimed for their superior service, leading-edge technology aids in devising strategies and preparing documents expediently and efficiently. Using TAR to digitally classify documents based on reviewer feedback, reviewers can quickly identify and emphasize relevant information accurately.

The Managed Review team includes project managers to ensure an exemplary output for every document review project and to align client communication with a productive workflow for one project to a full end-to-end eDiscovery journey.

Kickstarting your Journey

• Set Your Goals and Devise a Strategy

Whether you’re conducting review for litigation, an internal investigation, due diligence, or myriad other reasons, it's important to precisely ascertain your expectations and communicate them to the Project Manager and/or review team.

• Consider Your Data Set and Cost

The primary cost of document review is linked to data volume, in addition to expertise and workflow needed. A smaller ESI collection implies less review and reduced project expenses. So, how can you identify important data before investing time and money in review? A competitive eDiscovery vendor may provide ECA to help determine the potential project cost.

• Consult with a Project Manager

It's advisable to consult the team handling any case matter. This ensures your objectives are met and enhances communication. IST's Managed Review team excels at this integrated approach and can guide you through the entire eDiscovery journey. This choice can improve the overall workflow by eliminating disjointed communication and creating a seamless transition from collection to review, all at a competitive price point.

Document Review is a paramount phase in litigation, demanding the meticulous examination of data with expertise. Each project varies. Outsourcing to a leading eDiscovery vendor like IST's Managed Review can provide a flex team with adaptable solutions for any data set. The potential application of Large Language Models (LLMs) represents the next frontier, promising enhanced efficiency but requiring careful implementation to mitigate risks. The guidance of experienced review attorneys and the strategic use of technology are indispensable in navigating this complex terrain.

IST's Managed Review epitomizes the fusion of expert legal insight with cutting-edge technology, ensuring that each document review project is executed with precision and efficiency. By setting clear objectives, understanding the intricacies of your data set, and consulting with seasoned professionals, your organization can achieve a streamlined, cost-effective review process that not only meets legal obligations but also safeguards your interests.