Defensible Document Review Using Advanced Technology

Thursday, November 10, 2011 - 1:00pm to 2:30pm

Lately, the legal press is replete with articles extolling the time- and cost-saving virtues of “automated” document review. Articles in the New York Times and Wall Street Journal have speculated that advances in search technology and artificial intelligence may render armies of contract attorneys and junior associates obsolete. On the other hand, we’ve also witnessed some spectacular failures, including loss of attorney-client privilege, sanctions, and at least one high-profile malpractice suit. But these reports, good or bad, often marginalize document review as a costly, burdensome, and low-level chore, or an obstacle to fair and prompt adjudication. They fail to recognize that properly executed document review is an essential part of legal representation, necessary for counsel to learn the facts, assess the strengths and weaknesses of the client’s case, and to plan an overall litigation strategy.
This webinar will present views on document review from a variety of perspectives, including two lawyers from very different law firms, an experienced litigation support technology expert, and a federal judge. While acknowledging that 19th century methods can no longer be applied to complex, voluminous 21st century ESI, our panel will argue that there is still an indispensable role for skilled attorneys in the document review process, along with the use of advanced analytical tools to efficiently identify and organize the background facts and documentary evidence to effectively present the client’s case. They will show that, unlike 19th century lawyers, 21st century lawyers may need to involve their clients, colleagues, subject matter experts, technical experts, the court, and even opposing counsel, to make it work. Finally the panel will posit that focusing on achieving unattainable “perfection” in document review is misplaced. Instead, the goal should be to appropriately use available tools to increase speed and reduce cost, while implementing a reasonable, verifiable process that produces high-quality results.
$79 Members of The Sedona Conference® Working Group Series
$99 General Public
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Putting Document Review in Perspective

The Role of Advanced Technology in Document Review

The Role of Humans in “Automated” Review

Common Mistakes Made in Document Review

Creating a Defensible Document Review Process

Document Review and Fed. R. Civ. P. 26(g) Certification

Document Review and Privilege Protection Under Fed. R. Evid. 502(b)

Document Review and Ethical Duties of Counsel Under ABA Model Rules 5.1 and 5.3