Discovery is critical in every case, but it is especially important in complex litigation, in-depth regulatory investigations, and due diligence for large transactions. In each of these situations, attorneys will create a guidance document for discovery before the team reviews what can be an enormous number of documents to determine which information is relevant for a particular dispute or issue.
This process can be extremely time-consuming. However, when the discovery team has their strategy defined, the entire process can be much more efficient.
Creating an Effective Guidance Document
Setting out an appropriate plan for complex discovery starts with creating a comprehensive instructional document. This information will be the guidepost for discovery teams so they know exactly what they are searching for and how information should be evaluated and classified so as to be useful in the overall litigation process.
An effective guidance document will often include the following information:
- A general description of the case or the transaction at issue
- The source of the discovery documents that need to be reviewed
- The overarching goals of the document review (including whether the documents have been produced or may be produced)
- General classifications that the attorneys may want to use (relevant, responsive, protected, etc.)
- A list of any specific information of interest to “red flag”
- A list of specific issues that the attorneys should identify and instructions on how to code any applicable documents
- A description of potentially privileged information, including names of relevant attorneys, law firms, or matters
- A description of how final results should be presented
Developing specific goals for the document review is perhaps the most critical piece of information in a guidance document for discovery. Once those actually reviewing the documents understand what they are looking for and why, they can provide much better search results. Context is always critical in providing guidance for a document review project.
Document review support teams can help streamline the process for many organizations. Learn more about how Baer Reed can help assist your organization with document review by contacting our team today.
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.