Choose Technology Wisely

Recent advances in technology have made the organization and review of large-scale projects more orderly and efficient.  Litigators must now face the daunting task of fully understanding the wide array of available tools, their benefits, and their requirements, and making selections that suit the parameters of each particular project. 

Without a doubt, large data populations should be maintained in a centralized database repository, preferably hosted by a reputable and reliable third-party.  The once unwieldy and intimidating volume of data becomes easily searched, reviewed, and managed in perpetuity with the right combination of database and review tools.  Furthermore, secure repositories are efficient and affordable; compared to other methods, centralized databases can greatly reduce the project’s cost in both time and money.  A few companies specialize in hosting documents for legal review and can host in a native format and “repurpose” previously reviewed documents for future use by a client.  These capabilities will dramatically reduce the cost associated with data processing and review time.

In order to be truly effective, the repository must be augmented with a review application that is suitable for the challenges of a large-scale review.  Such a platform must integrate seamlessly with the centralized repository, and must provide core capabilities such as customized searches and simple tools to exclude irrelevant material from review assignments.  Additionally, the review platform should streamline the production process to ensure that deliverables are complete, consistent and correct.   As decision makers consider all of the available options, there are a few helpful criteria to remember.  One, use tools that are robust and scalable, in case the project grows in unexpected ways.  Two, partner with a litigation support provider that has a solid reputation and extensive experience with large-scale projects.  Three, do not settle on the first option you consider, or make a decision based solely on familiarity or comfort levels.  There have been many significant advancements in hosting and review technologies.  Ask for recommendations from peers, and look for reviews in industry journals and on the web.  Then be sure to test-drive a variety of possible solutions before making a final selection.

Develop a Communication Protocol

In large-scale actions, even the most meticulous planning can be undermined by poor communication.  A thoughtful and practical communication protocol must be developed prior to the beginning of the review.  Once the review is underway, all reviewers must be continually monitored and provided with regular feedback.  Also, as decision makers introduce new material or revise previous directions, there must be 100% dissemination of critical information to everyone involved.  For the most part, a successful communication protocol can be created using available technologies.

In the past, communication methods at the review site included public whiteboards, memos, and frequent team meetings.  There were many problems with these low-tech communication methods.  Sometimes attorneys were not present and missed important instructions.  In other cases, printed information wasn’t circulated to everyone.  And of course, verbal instructions were often misheard or misunderstood. 

Recently, legal review technologies have incorporated many practical communication solutions that can be integrated into a larger communication protocol. 

Much of the time, review attorneys’ access to the internet and standard e-mail platforms is strictly limited.  This protects client confidentiality and limits outside access to sensitive information.  However, it also limits communication.  In response, some of the leading review platforms have incorporated internal messaging systems that include both e-mail and instant messaging.  The e-mail system can be used to distribute information to as many or as few users as needed, based on assignments or levels of authority.  The instant messaging allows for easy, seamless, and instant collaboration between attorneys reviewing similar material.  These technological tools resolve many of the issues that used to hamper communication; furthermore, all communication is documented and can be archived for future reference.