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Expecting More from Document Review

We are Disney lovers at my house. My wife and I have made many trips to Walt Disney World. A few years ago, the two of us went celebrating an anniversary, and proudly wore our Disney pins announcing it. On one of our park days, we were walking by a food stand. The cast member called us over and wished us a happy anniversary and gave us each a free churro.

What do you remember about your last document review project? As we get ready to cover the people, process and technology aspects of the review, we want to start with the top things that we strive for in our document review projects. Great customer experience (CX) provides more than you expect. On our Disney anniversary trip, my wife and I were given what we expected when we went to the park and rode the rides. Neither of us remember that. We remember the churro.

With document review, the expectation is a defensible production of responsive non-privileged documents. Great CX, however, requires more than merely meeting this baseline expectation. What if your next document review surprised you by:

  • Adding Value to the Merits. The document review did not just find the production-eligible documents, but, rather, because of operational awareness and a focus on the case, it added to the story.
  • Achieving One Touch Right. The document review had the right resources look at the document once, and the decision was made correctly and required minimal quality control and assurance.
  • Advancing All-In Partnership. The eDiscovery process is working in tandem with the case progress such that all priorities are in complete synchronicity. This means no 11th hour requests and no re-work.

Adding to the merits, getting to the first touch being right, and achieving complete partnership requires that everything is planned and executed with the end goal in mind. I was talking about this the other day with Myron Jadwin, who is the CEO of Managed Discovery in Orange County, California. He commented, “Review proficiency, security and cost are generally over-considered by clients. What’s frequently overlooked – until it’s too late – is the human process that makes or breaks a review in terms of both service and results. Things like planning for a document review, making appropriate review decisions and understanding the unique requirements of each production is where real value resides. We often hear back from law firm partners who confirm that strategy discussions or the planned or phased process for the review are the distinguishing factors. ”

We need to remember the churro in our document review CX and expect more from the process.

Our next blog will be cover some of the fundamentals on technology for review, and will be published Wednesday, June 3.

In the meantime, feel free to reach out at csanko@bakerdonelson.com. If you have an experience where you got more from your discovery project than you were expecting, I’d love to hear about that as well.