Bust These 4 Myths on Your Next Document Review

1. Bust These 4 Myths on Your Next Document Review
Kara Kirkeby, Manager of Advanced Review Services, Kroll Ontrack
Beth Rauker, Principal eDiscovery Specialist, Medtronic
May 6, 2015

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4. Kara M. Kirkeby, Esq.
 Manager of Advanced Review Services for
Kroll Ontrack
 Previously managed document reviews on
complex matters for a large law firm
 Member: Minnesota State Bar Association
(Civil Litigation Section), the Hennepin
County Bar Association, Minnesota Women
Lawyers
 Served as a judicial law clerk for Hon.
Karen Klein, Magistrate Judge of the U.S.
District Court of North Dakota
 E-mail: kkirkeby@krollontrack.com
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5. 5
Beth Rauker
 Manages all aspects of ediscovery
relating to litigation matters as well
government and internal
investigations.
 Focuses on managing costs as well as
developing and documenting
processes and procedures.
 Serves as ediscovery liaison to
Medtronic’s IT organization,
coordinating data retention, email and
information management efforts
 Prior experience as an ediscovery
project manager for a service provider
and paralegal in several law firms
 Email: beth.a.rauker@medtronic.com

6. 6
Overview
 Introduction
 Mythbusting in Document Review
 Conclusion

7. Introduction

8. Document Review is a Critical Step
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 A 2012 study by the Rand Institute
examined rising ediscovery costs:
 How does this impact litigation teams?
» Increased risk and cost of sanctions are a prevalent concern
» Maximizing efficiency, defensibility, and value are more critical than ever
» Document Review is the most significant area where costs and risk
can be mitigated

9. Mythbusting in Document Review

10. Document review just happens; you don’t
really need a plan
Myth #1

11. Truth: Document Review Doesn’t Just Happen
 Without question, document review is
the most expensive aspect of ediscovery
» Planning for the review should start at the same
time the case team is thinking about preservation
and collection
 Failing to create a big picture plan and a
thorough review manual can result in:
» Multiple “slide reviews” for special issues or newly
discovered documents
» Downtime for reviewers as they wait around for
more work
» Documents being touched two or three times
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12. What is the
scope of your
matter?
(Amount in
controversy
should dictate
budget)
What is the
complexity of
your matter?
(Consider volume
of data and
relevant
deadlines)
What
technology
options do you
need?
(EDA; analytics;
technology
assisted review)
Choosing the Right Review Tool
 Not every tool is right for every matter – choose the right
tool for the case
 Process and workflow decisions hinge upon the review tool
 Review speeds differ depending on tool features and
team’s expertise with the tool
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13. Don’t let any member of your case team
procrastinate when it comes to planning for
review and follow through to the end
Lesson #1

14. Any old attorney can conduct (or manage) a
document review
Myth #2

15. Truth: Experience and Skill are Needed
 Many document attorneys today have specific training
and certifications in various review platforms
» These attorneys understand how to employ the strictest quality
control protocols to help maximize time and minimize costs
 Sometimes a review requires expertise or substantive
knowledge in a specific area
» Banking and financial services
» Pharmaceuticals
» Insurance
» Agriculture
» And more…
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16. Whether or not you outsource, a point
person is critical
• Ideally this person can remain committed for the duration of the project
Can you identify
subject matter
experts?
• Are in-house resources adequate to the project? If not, identification and
training of contract project leads is critical
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Truth: Experience and Skill are Needed

17. Make sure you are equipped with the right
people resources for your next review
Lesson #2

18. All document review technology is equal
Myth #3

19. Truth: Technology is Vastly Different
 There are significant differences in
how review platform capabilities
are executed by users
» This impacts the expected results of a
specific function
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 Rock star document review professionals understand
and can articulate the features and benefits of multiple
review tools
» They will know how and when to leverage features such as workflow,
predictive coding, near de-duplication, topic grouping, smart searching
and machine translation (just to name a few)

20. You should not settle for anything less than
document review technology superstars
Lesson #3

21. It will be obvious when you can stop your
review… when you run out of documents
Myth #4

22. Truth: Stopping a Review is Complex
 Determining when to call the review
“complete” is complex
 Document review professionals are
skilled at interpreting metrics and
reports generated by the document
review technology
» They are able to recognize when the numbers
are showing a high-quality review versus an
incomplete review
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23. Dust off your math skills (or leverage a
specialist)– it’s the only way a savvy
document review professional knows when a
review is finished
Lesson #4

24. Conclusion

25. Parting Thoughts
 The truths of document review:
» Don’t take it lightly
» Plan ahead of time
» Leverage document review superstars
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