The legal document review process can be labor-intensive and needs to be comprehensive in order to comply fully with the requirements of the discovery process. In order to address these needs, a team of contract attorneys is established, or the process is outsourced to an experienced vendor.
The document review process is generally carried out in stages. The first stage involves reviewing documents for relevance/responsiveness and coding them for subject matter. The documents are coded and/or tagged in a database in a way that allows each document to be readily located for a second-stage review and later production. In performing this first stage review, the reviewer should evaluate:
- Relevance: If it is not relevant to any issues in the case, it should not be produced.
- Responsive: The reviewer will determine to which discovery request the document is responsive. If a document is non-responsive, it should not be produced.
- Issue Code (if applicable): During the review, certain documents can be tagged as relevant to a particular witness’s testimony and/or to specific legal issues in the case.
The second-stage review identifies which documents – although responsive – should still be withheld or redacted before production. This can be done in conjunction with the first stage review on an ongoing basis or as a separate second step in the legal document review process, where only responsive documents are evaluated. Evaluation of whether a document should be withheld depends on the following criteria:
- Privilege: The reviewer should determine if the document contains privileged information, such as attorney work product or privileged attorney-client communications. If a document is responsive but protected from disclosure because it contains privileged information, it should be redacted before production or withheld entirely.
- Confidentiality: Even if the document is not privileged, it may contain information that is protected from disclosure due to confidentiality laws and/or a protective order. Reviewers should determine whether the document will be completely withheld or if it can be produced once the confidential information is redacted.
Many law firms and corporations are choosing to outsource their legal document review. At Baer Reed, we offer high-quality, comprehensive document review at a low cost. We conduct an efficient process in compliance with the request you received for production of documents. Contact us for more information about our customized legal document review services.