Contextual Electronic Discovery Review
Do you keep all of your company’s documents within a single word processing file, numbered from page 1 to 1,000,000? Of course not. That would make it impossible to find anything you needed. So why would you review your adversary’s production that way?
Using the metadata, we can quickly reconstruct the original file architecture of the underlying computers. Now you can review the file directory first and zero in on the most important files first – such as your adversary’s CEO email file.
Contextual document review can make your document review much more productive. In one case of ours, involving a breach of contract, the other side claimed there was no breach because our client (through an officer whose motivations were suspect) allegedly sent them a letter releasing them from the contract. Something smelled fishy, but we couldn’t prove it. Then we found a document randomly placed in our adversary’s production which appeared to be a prior draft of this critical release letter. Looking at the metadata for the document, we soon realized that this prior draft came from the “Sent Items” email folder of the other side’s CEO. Not only that, we could prove that the email it was attached to was withheld from the production. That begged the questions, “Why did Mr. CEO have a prior draft of this letter within his possession if he was the recipient, not the sender?” and “To whom did Mr. CEO email this prior draft to, and why?” Needless to say, the deposition was fun.
Can we review all of your documents this way?
That depends. We are certainly not holding ourselves out there as one of those shops with hundreds of attorneys who spend their entire day page-turning millions of discovery documents. These firms certainly provide a valuable service, and we do not recommend neglecting to review all evidence produced in discovery (except, of course, there is no point reviewing duplicates again and again).
If your adversary’s production is small enough (say, under 100,000 pages), we can certainly conduct a thorough review for you. Alternatively, if the production is larger, we can review your production in a laser-sighted, targeted approach. We first reconstruct the file directories of the source computers, and then zero in on files with the highest probability of containing critical evidence.
We can also recreate these file directories for you, so that you and your team can review in context.
Also, we work with firms who can provide an army of document reviewers. We are more than happy to coordinate these efforts for you.