Legal Document Review: A Basic Overview

Legal Document Review A Basic Overview

Attorneys understand the importance of the labor-intensive process of document review in response to the opposing party’s request for production of documents. The review must be comprehensive so that all relevant, non-privileged, non-confidential documents that are responsive to the request are produced. If not, the court may impose sanctions for withholding documents.

Before the review can begin, the legal team that is conducting the review needs to be clearly cognizant of the underlying legal and factual issues in the case. The most important reviewing factor to begin with is a determination of what makes a document relevant. Some suggest the review is best done in stages.

Initial Document Review Screening

Each document is first evaluated for relevance and tagged with a code indicating its subject matter. It may be helpful to also code documents to certain key facts in the case or to a specific witness who is expected to testify.

Entering Codes into a Database

After the documents are coded, the codes are entered into a searchable database. This provides an efficient way for any document to be located at all stages of the legal process.

Second Evaluation

This is to determine whether documents must be produced or there is a basis for withholding them. Documents can be withheld if:

  • They are not responsive to the request. The request for documents must be carefully compared with the documents themselves. Even if they are relevant to the general issues in the case, if they are not responsive to a specific request, they don’t need to be produced.
  • Privileged documents. These are documents that are protected by the attorney-client privilege, reflect attorney work product, or confidential according to any relevant rules, orders, or privacy laws.

Confidential documents should be analyzed to see if they can be produced if certain information is redacted.

Many law firms and corporate in-house counsel are taking advantage of outsourcing the complex task of document review. Baer Reed is an offshore legal services provider that offers cost-effective and efficient comprehensive legal document review. Contact us today for more information on our document review services.

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