Here are key components and strategies to achieve better recall in managed review:
- Effective data Collection and Preservation:
- Ensure that all potentially relevant data sources are identified and collected promptly.
- Implement a robust legal hold process to prevent data spoliation (destruction) during litigation.
- Thorough Data Identification:
- Employ advanced search techniques to identify relevant custodians, keywords, phrases, and concepts.
- Consider using data analytics and machine learning to help identify potentially relevant documents more accurately.
- Quality Data Processing:
- Use eDiscovery processing tools to efficiently organize, filter, and deduplicate the collected data.
- Ensure metadata and text extraction are accurate for better document review.
- Customized Document Review Workflows:
- Develop tailored review workflows based on the specifics of your case.
- Use predictive coding (also known as technology-assisted review or TAR) when appropriate to prioritize documents for review based on machine learning algorithms.
- Skilled Review Team:
- Assemble a team of experienced reviewers who understand the case and can make nuanced determinations of relevance.
- Provide ongoing training to ensure consistency and accuracy among reviewers.
- Transparent Review Guidelines:
- Clearly define and communicate review guidelines and criteria for relevancy.
- Use a well-structured coding system for tagging documents during review.
- Regular Quality Control:
- Implement a quality control process to sample and re-review documents to maintain review accuracy.
- Continuously monitor reviewer performance and provide feedback.
- Key Word and Concept Tuning:
- Regularly evaluate the effectiveness of chosen keywords and concepts and adjust them as necessary during the review process.
- Use iterative keyword refinement to capture relevant documents that may have been initially missed.
- Advanced Analytics and Technology:
- Leverage advanced analytics, including email threading, clustering, and near-duplicate detection, to group and review documents more efficiently.
- Consider visual analytics tools to help reviewers spot patterns and relationships in the data.
- Collaboration and Communication:
- Promote collaboration among team members to share insights and best practices.
- Stay updated on industry best practices and emerging technologies.
- Continuous Improvement:
- Periodically assess and refine your eDiscovery processes based on feedback and lessons learned from previous cases.
- Stay updated on industry best practices and emerging technologies.
- Monitoring and Metrics:
- Implement key performance indicators (KPIs) to measure the effectiveness of the review process.
- Use metrics to track progress and make data-driven decisions for process improvement.
- Legal Project Management:
- Appoint a project manager or use legal project management tools to ensure the review process stays on track, deadlines are met, and resources are allocated efficiently.
- Documentation and Auditing:
- Keep thorough records of the review process, including decisions made during review and quality control procedures.
- Be prepared for potential audits and challenges to the review process.
- Case-Specific Strategies:
- Tailor your approach to recall based on the specifics of the case, including its size, complexity, and the types of documents involved.
By implementing these components and continually refining your eDiscovery process, you can enhance recall and ensure that you identify and produce all relevant documents while effectively managing the costs and time associated with the managed review process.