Identifying Documents for Collection in Response to a Discovery Request
Identifying documents for collection in response to a discovery request is no longer as simple as just going to a file cabinet. Documents can still be in paper form, of course. However, they are just as likely, if not more likely, to be found in network system drives, email and electronic calendar records, removable storage media, on laptop or desktop computers, tablets, and other handheld devices.
When a discovery request is received, it should be reviewed so that the scope of the document collection can be identified. The document request itself should include, with reasonable specificity, a description of each item or category of item for which documents are being requested.
Attorneys and law firms handling a discovery response should familiarize themselves with their client’s data storage systems and document retention policies before beginning to identify and collect documents to meet the request, since this will impact the document collection procedures. Reasonable efforts should also be made to identify all personnel who may have relevant documents in their possession, and to notify such personnel of the need to preserve those records during the course of litigation.
Using a centralized document management solution, where every document is stored in a single document repository, can help firms handle what are often voluminous requests to produce documents and records. These document review platforms generally offer web-based data hosting such that team members working in many different locations will have secure access to the platform.
The documents for collection should then be reviewed for responsive documents and privileged communications. It is crucial to ensure that documents provided in response to discovery requests do not include attorney-client communications or confidential information. If the documents are in multiple languages, it may be necessary to engage a foreign language review team to accurately review the documents before production.
Baer Reed assists law firms and in-house legal departments with document and privilege review, as well as foreign language document review. In addition, Baer Reed also supports teams doing paper document collection in southeast Asia. To learn more, contact us at (888) 433-1990 or visit us online.
- On July 18, 2017
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