A Boutique Lawyer’s Guide to Mastering the Document Intensive Case
Leveraging eDiscovery Technology to Handle Complex Cases
with Limited Resources
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
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A Boutique Lawyer's Guide to Mastering the Document Intensive Case
We’re an Austin, TX based provider of highly affordable cloud-based eDiscovery software and services, specializing in serving boutique law firms and organizations. We provide:● The Industry’s Most Affordable and Full-Featured DIY eDiscovery Platform● The Industry’s Fastest eDiscovery Processing & Document Review Software● Delivers the Industry’s Fastest ROI● Experienced eDiscovery Specialists and Expert Consultants
Gartner Customer Reviews
“Secure, easy-to-use and a great review tool for consideration”
“A powerful litigation document management service”“Cost-effective eDiscovery”
About Lexbe
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● CEO of Lexbe, a provider of cloud-based litigation processing, review and document management software & eDiscovery services
● Frequent speaker/author on eDiscovery and legal technology issues
● Planning Committee, Electronic Discovery Institute, State Bar of Texas
● eDiscovery consultant & expert
● EducationMBA, University of TexasJD, Southern Methodist UniversityBA, University of Texas
Gene Albert512-686-3460
[email protected]://www.linkedin.com/in/gene-albert
Guest Speaker
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Growth of Boutique Law Firms
● Challenges for Boutique Firms Handling Large & Complex Cases
● Technology and Staffing to Support a Boutique Firm Practice
● eDiscovery/Document Management Software by Case Stage
● Document Review/Production Options in Large Cases
● Case Study
● Checklist for Managing Document Intensive Cases
Agenda
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Source: Thompson Reuters Legal Executive Institute 2017
Boutique Firms in the Headlines
Growth of Boutique Law Firms
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Specializes in a niche area of law practice● Relatively small● Sophisticated practice area(s)● Boutique practice groups in larger firms
● Common litigation boutique practice areas○ Class Action○ Construction○ Employment○ Environmental○ IP ○ Securities
● It’s often a lifestyle choice
What is a ‘Boutique Law Firm’?Growth of Boutique Law Firms
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Provide better service for clients
● Complete control of how cases are managed
● Ability to handle all desired aspects of a case
● Increased flexibility with one’s time and work
● No constraints on building clientele
● Make more money
From Wallerstein, From Biglaw to Boutique - Top Ten Differences (Above the Law)
The Boutique Law Practice DreamWhy Do Attorneys Leave Big Law for Boutique Law Practices?
Growth of Boutique Law Firms
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Boutique Firms Want to be ‘Lean and Mean’
● InfrastructureLack of a large firm’s expensive technology infrastructure
● Support StaffLack of in-house eDiscovery litigation support and IT staff
● Computer Hardware & SoftwareLack of specialized litigation and eDiscovery hardware and software and related administrative expertise
● Review StaffLack of sufficient in-house attorneys, paralegals and IT personnel to staff a large case
Challenges of the Boutique Law Practice
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
On-Demand Software is aka:● Software as a Service (SaaS)● Web-Based● On-Demand● ASP (older name)
Advantages● Latest generation tools without capital and personnel investment● Work from anywhere, collaborate and share data in real-time● No up-front hardware or set-up costs● No IT staffing or maintenance costs● Access to a scalable server structure for practically unlimited data processing, storage and speed● Best practices in data encryption and security● More easily passed as a cost to clients● Possibly recoverable as damages in some action
Cloud eDiscovery SoftwareTechnology to Support a Boutique Firm
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Limitations of Keeping Excessive Internal Staff● Expensive fixed cost whether there is sufficient work or not● Management drain on partner time and attention● Difficult or impossible to staff the range of ediscovery & specialized litigation support expertise
needed in a small firm● Internal non-paralegal time may be difficult to bill and recover
Advantages ● Staff can be increased quickly to meet variable staffing needs● A full range of experts can be brought in● Costs incurred more surgically, when needed for a case
Types ● Contract and Review Attorneys● Freelance paralegals● eDiscovery Specialists / Project Managers
Advantages of OnDemand Support Staffing
Staffing- In-House vs. Outsourced
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Simplified Case Workflow
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Planning & Collection
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
ESI Data Funnel
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
ESI ID & Collection
ECA & Culling/Filtering
Review, Coding & Production
Use (Depos, Motions, Trial)
RAW DATAHigh Volume | Low Relevance
Time |
Pro
cess
ing | R
eview
EVIDENCELow Volume | High Relevance
eDiscovery by Case Stage - Planning & Collection
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
eDiscovery Software Capabilities● Custodian & ESI tracking/searching● Data pivot analysis and reporting of
collected data by custodian, location, file type, date, etc.
● Integrated reporting for drill-down analysis, as needed
Goals● Identify ESI custodians● Map ESI data sources● Issue litigation holds● Determine collection methodology● Collect ESI● Quality control collection
ESI: Electronically Stored Information
Custodian ID & Data Mapping
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Planning & Collection
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Custodian Identification
Custodians Role
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Planning & Collection
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Data Mapping
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Planning & Collection
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Litigation Lifecycle- Culling and ECA
Goals● Quickly, inexpensively and defensibly
reduce ESI to potentially relevant documents.
● Cull ESI by date, custodian, metadata and keywords.
● Use ECA to analyze data to identify collection gaps.
eDiscovery Software Capabilities● Expansion, extension repair, deNIST, deduplication,
metadata extraction and fielding.
● Dynamic culling/filtering by Custodian, Date, Document Type, and other metadata fields.
● ECA reporting, pivot tables & graphing of ECA collected by custodian, date range, document type, etc.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Culling & ECA
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Litigation Lifecycle- Culling and ECA
● Track incoming ESI using pivot charts and visual graphs.
● Export Early Case Analysis data for further analysis and reporting.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - ECA & Culling
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Goals ● Accurately and quickly process ESI collected to
prepare for review and production
● Extract text from natives and OCR images for optimal searchability
● Organize data for optimal review process
eDiscovery Software Capabilities● Support common Native file types
● Searchable PDF, Image or HTML created for best document viewer experience
● Multi-server scalability for fast load and processing
● Fast search index creation, update
Processing Goals and Software Capabilities
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Processing
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
ESI Upload/Ingestion
● Securely upload and process native documents directly from your browser.
● Assign custodian/case participants and automatically perform optical character recognition (OCR) on all incoming documents.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Processing
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Goals● Code documents accurately, quickly & cost
effectively
● Identify responsive, privileged & attorney’s eyes only (AEO) ESI
● Search, ID, & issue code key documents
● Multiple review methodologies available
eDiscovery Software Capabilities● Fast, accurate search
● Custom fields and coding capability
● Dynamic release review sets for reviewer load-balancing and quality control
● Near duplicate groupings for batched review, review quality
● TAR (predictive coding) capability as needed
AEO Attorneys’ Eyes OnlyTAR Technology Assisted Review
Review Goals and eDiscovery Software CapabilitiesPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Document Review- Search
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Search Capacity
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
Index MethodEmbedded
Image in Text
Text Excluded
From PrintHidden
Text
Imaged/OCR Yes No No
Native Extraction No Yes Yes
UberIndex Yes Yes Yes
● Native Text Extraction - Comments, notes, hidden sheets, speakers notes, etc.
● OCR - Scanned docs, embedded images, faxes
● Metadata
● Non-English - Translation integrations
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Review- Multiple Document Versions
● Hits - Highlighted from search● Original - Native if available● HTML - Extracted text from native● Page - One page at a time● PDF - Full viewing & access● Text - OCR of images● Produced - Versions Bates-stamped● Redacted - Confidentiality● Translated - For foreign language● Annotated - For depos
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Review- Excel & Office In-Line Natively
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Review- PDF Advantages
● Portable - No need for additional local software to view files. Viewing in native alone can slow reviewers.
● Small - A text-based PDF is compact (same size as native original usually) and does not bloat the review platform.
● Bates Stamping - Documents can be bates stamped and pages specifically identified using a variety of software tools.
● Easy to Work With Single file (compared with single page TIFFs, JPGs, PNGs with separate text files, load files), or HTML review files.
● Native Integration - Native files linked to record for access when needed; TIFFs can be created as part of the production step.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
RedactioneDiscovery by Case Stage - Review
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
● Inline Redaction Editor○ Image (PDF or JPG/PNG)○ Remove text and re-OCR
● Text-based Redaction using Adobe Acrobat Pro)
○ Bulk download and upload○ Part of document record
● Native Excel redaction
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
-Immediately usable-Integrated workflow-Leverage best practices-Wheel ‘already invented’
-Issue coding-Reviewer assignment-Add’l filtering/sorting-Unlimited in number/use
Review- Custom Coding Options
Built-In Fields
Custom Fields
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Multi-Doc Coding and Tagging
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Review Sets Creation & Assignment
● Create, assign, and release review sets.
● Maximize reviewer efficiency and eliminate dependencies.
● Organize by Custodian, Issue, Data type, language, etc.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Review Methodologies
● Keyword SearchUsing search keywords to identify responsive and privileged documents. Sometimes maligned, it can be as accurate as any technology with proper use and testing.
● Predictive Coding (aka TAR)Manually review a seed set of documents to train predictive coding algorithm that will automatically code the remaining documents. Generate and review control sets to evaluate the results.
● Match Methodology and CaseCase size/type/budget will drive which review method is preferable in any given case.
● Linear ReviewRead, review, and code all documents, one at a time. Managed Review companies maintain contract attorneys to handle review of large document reviews.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Linear Review Pros and Cons
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
Pros○ Comprehensive - Going through the entire population of documents ensures a thorough review.○ Learn Case While Coding - Time spent engaging with the document set pays off in the form of high
level case familiarity at an earlier time.○ Most Comfortable - It’s the way litigation has been done since paper was invented.
Cons○ Slow - Takes significantly more time to go through all case data○ Expensive - More review hours are needed to conduct linear review.
Best for○ Small Cases - Less voluminous data sets are the best candidates for linear review.○ Case Subsets - Key Issues, Custodians, etc., in larger datasets○ Managed Review. - If the case budget justifies managed review.
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Keyword Searching Pros and Cons
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
Pros○ Fast - Large data sets can be reviewed and tagged in days or even hours.○ Inexpensive - Much less costly than a linear review.○ Reduces Human Error - Computer searches are consistent; not so humans.○ Familiar - Lawyers and judges are trained in keyword searching (at least in structured data like Westlaw, etc.)
Cons○ Over/Under Inclusive - Will not make distinctions that human reviewers might○ GIGO - Only as good as keywords. Can be improved sampling, iteration or revision○ No Issue Coding - Key docs still must be IDed and reviewed for depo preparation.
Best for○ Larger Cases○ Rush Reviews & Short Timeframes
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Predictive Coding (aka Technology Assisted Review, or TAR)
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
Pros○ Fast - Large data sets can be reviewed quickly.○ Inexpensive - Less costly than a linear review.○ Reduces Human Error - May equal or exceed human error rates.○ Involves Senior Attys - Involves and leverages expertise of experienced attorneys, rather than inexperienced
coders.Cons
○ Agreement - Usually requires opposition agreement ○ Unfamiliarity - Technology learning curve for lawyers and judges○ Limited Precedence - Still little case law○ No Issue Coding - Key docs still must be IDed and reviewed for depo preparation.
Best for○ Larger Cases - Best for larger cases; pressing deadlines.
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Predictive Coding Workflow
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
● Enables a skilled reviewer to train a computer algorithm to identify responsive and non-responsive documents in a large litigation document collection.
● Cf. manual linear review
● Cf. search keywords
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Precision & RecallPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
1. Perfect Precision & Recall
3. Low Precision, High Recall, aka excessive False Negatives aka Under-Production
2. High Precision, Low Recall, aka excessive False Positives aka Over-Production or Data Dump
4. Low Precision, Low Recall, aka Junk
Responsive Non-Responsive
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Review- Near Duplicate Identification
Apply near duplicate detection (~50% overall text match)
Useful for:● Catching inconsistent privilege coding● Finding related Hot Docs● Accelerated responsiveness coding● Finding Document versions● Matching native and scanned versions of docs
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Email ThreadingPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Email ThreadingPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Artificial Intelligence (AI)Planning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
Analytics-Assisted Review+-Email Threading+-NearDupe Grouping+
Language-Auto-Language Detection+-Auto-Language Translation+
AI Insights-Cognitive Image Recognition+-Audio Transcription+-Email Sentiment Analysis+-Entity Recognition+
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
AI - Cognitive Image RecognitionPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
AI - Sentiment AnalysisPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Review
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Production Goals & Software CapabilitIes
eDiscovery Software Capabilities● Fast production throughput rate with scalable
backend architecture.● Blended production options (Native, PDF & TIFF). ● Loadfiles for all popular review platforms: DAT,
DII, XLSX.● Integrated QC.
Goals● Fast production to maximize review time.● Flexible production options, including all industry
standards. ● Safeguards against inadvertent production of
privileged documents.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Production
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Litigation Lifecycle- ProductionPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Production
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Forms of Production OptionsPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
Type Description Advantages Disadvantages
Raw Natives No processing. E.g. Outlook PST
-Easy and cheap -Privilege, redaction problems-No pagination, Bates stamping-Applications needed, slow-No metadata extracted, loadfile
Processed Natives
Processing run, metadata extracted, load file created
-Natives available -Same except metadata. loadfile
TIFF Images Includes single-page TIFFs -Original standard-Bates-stamp, redaction-Optionally include natives
-Not portable, high expansion-Color issues, OCR needed
PDF Includes text-based PDFs -Same as TIFFs-Portable, color, smaller-Optionally include TIFFs
eDiscovery by Case Stage - Production
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Loadfile OptionsPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
Loadfile-Structured text or database type file that references document files and associates metadata and other information-Types: DAT, DII, XLSX
What’s Included-Document and email metadata-Document breaks (for single page TIFFs)-Email family associations-Map to multiple versions of files (e.g., TIFF, Text, PDF, Native)
þBEGDOCþþENDDOCþþBEGATTþþENDATTþþATTACHMENTþþPARENTIDþþRECORDTYPEþþDATESENTþþTIMESENTþþDATERECEIVEDþþTIMERECEIVEDþþFROMþþTOþþCCþþBCCþþSUBJECTþþDATECREATEDþþTIMECREATEDþþDATEMODIFIEDþþTIMEMODIFIEDþþFILENAMEþþFILEEXTENSIONþþSOURCEFILEPATHþþPAGESþþVOLUMEþþORIGINALSPATHþþTEXTPATHþþPDFPATHþþENRON 0000001þþENRON 0000001þþþþþþþþþþeEmail þþ05/26/2000þþ10:19:00 AMþþ05/26/2000þþ10:19:00 AMþþJohn J LavoratoþþJohn Zufferli{John Zufferli}þþþþþþMolson adþþþþþþþþþþ2000-05-26 10:19:00AM - Molson adþþ.msgþþjohn_lavorato_000_1_16\Top of Outlook data file\lavorato-j\John_Lavorato_Jun2001\Notes Folders\All documents\2000-05-26 10:19:00AM - Molson ad.msgþþ1þþVOL01þþ\ORIGINALS\0001\ENRON 0000001.msgþþ\TEXT\0001\ENRON 0000001.txtþþ\PDF\0001\ENRON 0000001.pdfþþENRON 0000002þþENRON 0000002þþENRON 0000001þþENRON 0000002þþþþENRON 0000001þþAttachment þþþþþþþþþþþ
eDiscovery by Case Stage - Production
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
DOJ Requested Metadata Fields (partial) Planning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Production
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Automated Privilege Logging
-Metadata extracted from natives-Email date/time, sender, receiver, subject-Privilege and Work Product coding used-Privilege log automatically generated for review
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Production
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Litigation Lifecycle- Depos & Dispositive Motions
Goals● Organize key case issues and facts by
linking to supporting case documents.
● Workflow tools to support deposition preparation.
● Workflow tools to support motion practice.
eDiscovery Software Capabilities● Dynamic fact & issue timelining.
● Reports by Deponent, date range, issue.
● Transcript, key document highlighting and annotation.
● Reports for motion preparation.
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Depos & Motions
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
TimelinesPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Depos & Motions
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Transcript Analysis
Planning & Collection
ECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Depos & Motions
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Fact CategorizationPlanning
& CollectionECA & Culling
Processing Review Production Depos & Motions
Trial & Appeal
eDiscovery by Case Stage - Depos & Motions
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Trial & Appeal Goals and Software Capabilities
Goals● Maintain access to case documents that
may be brought up by opposing counsel.● Allow rapid timeline updating for live case
testimony.● Maintain case data and documents
throughout the trial and appeal process.
eDiscovery Software Capabilities● Searchable document repository at trial.● Timelines dynamically update with new testimony
or other evidence added.● Documents, facts & issues can be exported for
Trial Director, Verdict and other presentation programs.
● Custodian/key case participant information retained for later conflict checking.
Planning & Collection
ECA & Culling
Processing Review Production Depos &Motions
Trial & Appeal
eDiscovery by Case Stage - Trial & Appeal
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Technology is the Great Equalizer“Technology is the great equalizer between smaller law firms and large firms. It puts you on a level field with law firms many times your size.”
● Handle More Complex Cases Without Swamping Practice“I can now handle 2 or 3 complex construction litigation cases at one time and it doesn’t take over my practice.”
● Staying CompetitiveA practicing litigator was interviewed and noted that technology in general, and cloud computing in particular, helps a small law firm to stay competitive in today’s constantly changing legal landscape.
Technology Levels the Playing Field
Case Study
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Technology Levels the Playing Field● Review More Documents Quickly
“I handle a lot of cases where where many documents are produced. These documents used to fill the room. I can get through thousands or hundreds of thousands of documents quickly and narrow them down to what I really need to look at.”
● On-Demand Access to Cloud eDiscovery Software“Now I buy access to Lexbe on a case-by-case basis.”
● Fewer Associates Needed on Staff“So a process that used to require six associates days to read through the documents can now be accomplished in minutes.”
● Playing Field Levelled with Technology“Because of the Lexbe software, the entire playing field has been leveled for my firm.”
Case Study
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Boutique Law Firms are AscendingBoutique law firms are on the rise, handling larger and more complex cases than ever.
● Lean & MeanTo be ‘Lean & Mean’, a firm should have a robust technology and expert services strategy to expand firm capabilities.
● eDiscovery Software a MusteDiscovery/Litigation Document Management Software is a must to handle modern document-intensive cases.
● Technology Should Leverage Your Firm Technology should allow you to leverage your time, expertise and staff. It should be a practice multiplier to allow you to accept and manage more complex cases better.
Practical Takeaways
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● ID Key Custodians Early
● Data Map Your ESI
● ESI Orders/Protocols
● Use Rule 26 Meet and Confers to Advantage
● Preserve, Collect and Request Texting, Messaging and other Non-Email Communications
● Request Native Versions of Documents
● Defensibly Reduce Data After Collection
1 of 3Checklist for Boutique Lawyers
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Match Review Protocol to Case Complexity and Needs
● Consider Cloud-Based eDiscovery/ Document Management/ Review Software
● Supplement Internal Staff as Needed with On-Demand staff
● Use Predictive Coding/TAR when Appropriate
● Consider Managed Review if Issue-Coding is Needed
● Check Software Search Capability
● Know Some Key Statistical Concepts for Production Adequacy
2 of 3Checklist for Boutique Lawyers
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
● Know How to Find Holes/Gaps in Productions
● Use NearDupe Groupings to improve Privilege Review, for Hot Docs, and to speed Responsiveness Review
● Review Emails in Threads
● Determine How to handle Foreign Language Documents, including auto-translation software
● Consider How Large Productions will be Delivered
● Keep Fact & Issue Timelines updated
● Keep up with the Latest Technology and Law
3 of 3Checklist for Boutique Lawyers
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’
● InfrastructureLack of a large firm’s expensive technology infrastructure
● Support StaffLack of in-house eDiscovery litigation support and IT staff
● Computer Hardware & SoftwareLack of specialized litigation and eDiscovery hardware and software and related administrative expertise
● Keeping eDiscovery In-HouseHow to maximize the use of in-house lawyers and paralegals instead of outsourcing to a third party
Challenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Lexbe’s End-To-End eDiscovery in the Cloud
Challenges of Handling Document Intensive Cases
● Full-Featured● DIY● Infinitely Scalable● Accessible via a
Web Browser
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Lexbe’s Uber IndexChallenges of Handling Document Intensive Cases
● Multi-source concatenated singular index
● Lightning fast● Seamlessly add documents
without re-indexing
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Advanced AIChallenges of Handling Document Intensive Cases
● Simple to Use● Neural Networks● Advanced Machine Learning● High Quality Results
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Email Thread VisualizationChallenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
Side by Side Email ComparisonChallenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’
● Industry Leading Security
○ Utilize AI to identify and eliminate threats before they can do harm
○ Multi-Factor authentication○ Passed extensive application
penetration test by IBM in 2019
Challenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’
● Computer Hardware & SoftwareLack of specialized litigation and eDiscovery hardware and software and related administrative expertise
○ Because your files are stored in the cloud, litigation teams can access them from any internet-capable device. No costly in-house installation of servers and other hardware. No ongoing maintenance of those machines.
Challenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’
Challenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’
● Support StaffLack of in-house eDiscovery litigation support and IT staff
○ Lexbe empowers firms without large litigation support departments to instantly increase their discovery and review capacities.
○ Our 24 hour ticket system allows you to submit an IT issue to our support department.
○ Professional Services standing by to assist on a moment’s notice
Challenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’
● Keeping eDiscovery In-HouseHow to maximize the use of in-house resources and not have to outsource to a third party.
○ Lexbe is purpose-built for DIY eDiscovery which enables the efficient utilization of your internal resources.
■ Maintain full control of the case■ Maximize billable hours■ Add top line growth
○ Lexbe Training■ Free user and administrator training■ Free weekly training sessions■ The Paralegal Advantage training session■ Extensive video training library
Challenges of Handling Document Intensive Cases
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
‘Cost-effective eDiscovery’
“A powerful litigation document management service”
“Because of the Lexbe software, the entire playing field has been leveled for my firm.”
‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms
“Lexbe is the easiest eDiscovery software I have ever used’
‘Secure, easy-to-use and a great review tool for consideration’
Request a free demonstration today!1-800-401-7809 x22 | [email protected]
Learn More About Lexbe
“We just got back our verdict of nearly $9 million in the case we tried against Greenberg Traurig and Hollingsworth Law Firm (voted #1 complex litigation firm in the world). There is no way our team of 3 lawyers
could have competed with those heavy hitters without LEXBE. Thanks to your team!”
A Boutique Lawyer's Guide to Mastering the Document Intensive Case
We’ll be making the following available to webinar attendees:
● A recorded streaming version● MP3 podcast● PDF
Please let us know if you have any questions or comments about this webinar or suggestions for future topics. This webinar is part of the Lexbe eDiscovery Webinar Series. For notices of future live and on-Demand webinars as part of this series please email us at [email protected] or Follow us on LinkedIN.
Presenter: Gene [email protected](512) 686-3460
Moderator: Jeff [email protected](512) 653-8295
Webinar Questions: [email protected]
Thank You for Attending