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Choosing a Production Format for Your Case

There are a variety of acceptable production formats, each with their own benefits and drawbacks. To determine the best fit for your case, look down the road and consider the scope, goals, and methodology of your review.

An ‘electronic search’ approach to discovery requires that all documents be converted to an electronically searchable form and that a method of searching across all files is available. For electronic documents delivered in native file format, search is usually possible in some form or another. This is particularly true for standard Microsoft Office documents. Email presents more difficulties, as email attachments may need to be deconstructed from the electronic file holding the email to be searched. Paper-based documents must be scanned and OCRed to make them searchable as electronic files. The OCR process inevitably introduces OCR errors, which diminishes the effectiveness of the electronic search, as compared with the search of native files or electronic documents based on native files.

The ‘electronic search’ approach also requires that all documents are addressable as a collection from a single search query. Litigation document repositories may be established to make all documents accessible and searchable, often between multiple parties in different locations. These systems may be comprehensive and expensive. Alternatively, a law firm may make documents searchable from a file server on its local area network, or run LAN-based case management software, which may allow for indexing and searching of litigation files. For a very small case, all documents might be stored on a single CD or DVD, or kept on a portable hard drive, and searched from the Windows operating system.

Attorneys are now taking several approaches to e-Discovery when searchability or metadata are important. Each approach has its own advantages and disadvantages.

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OnDemand eDiscovery Processing

Whether you are a litigation services provider or internally managing litigation support functions within a law firm or corporate legal department, ESI processing deadlines can often exceed capacity. In order to increase internal capacity, past options have included the purchase of additional processing software licences and local hardware, as well as increased staffing, to marginally increase throughput and meet demand.

But what about when processing demand temporarily recedes? eProcessing+ enables service providers and litigation support departments to scale up for periods of high demand and scale down when things cool off. And with no associated hardware or licensing costs, plus reduced staffing requirements, eProcessing+ lets you align case costs with revenues.

Key Points

  • eDiscovery processing and the EDRM
  • Fast, scalable processing: why it’s needed
  • Traditional processing workflows
  • Balancing processing demands with internal resources
  • Cost-efficiently increasing capacity and speed
  • Features and benefits of eProcessing+
  • Integrated ECA, processing, and review to speed throughput and reducetotal costs
  • Summary
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Lexbe Profiled in Recent 451 Research Impact Report

SaaS convenience, strong search, massive scalability, and innovative pricing options make Lexbe eDiscovery Platform an intriguing option for plaintiffs.

451Quote1 Lexbe eDiscovery Platform (LEP) was recently covered in an Impact Report from 451 Research written and developed by leading eDiscovery and Information Governance analyst David Horrigan. The report reflects on how LEP meets the specialized eDiscovery and litigation support needs of plaintiff attorneys by focusing on scalability and fast, comprehensive search performance. The impact report also discusses the growing trend among plaintiff firms and special advocacy groups towards embracing secure cloud technology like LEP to achieve reduced costs, faster performance, and increasingly advanced feature sets and functionality.

From the report’s publicly available abstract:

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Developing A Clear Picture With Early Case Timelines

Getting a grasp of the strengths and weaknesses of one’s case early becomes more important and more challenging with substantial ESI. Creating early case timelines can help keep your case perspective accurate.

Assessing one’s case early is as important as ever. Keyword selections, used for discovery requests and Rule 26 Meet and Confer agreements, depend on accurate identification of the important case issues. If the critical issues of a case are not identified until later, then it will become necessary to request additional documents based on new keywords, or from different custodians. This can add substantial cost to discovery collections and tries the patience of opponents and potentially the court. At some point in the discovery process the cost of additional collections will shift to the requestor, or it simply will not be possible to identify new issues too late in the process. A related concern involves identifying potential claims and defenses early enough in the discovery process to be able to include them in the pleadings.

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Understanding Precision and Recall

Technology assisted review is a powerful tool for controlling review costs and workflows. But, to maximize the benefits of TAR, we must be able to understand the results.

Predictive coding has, for years, promised to reduce the time and expense of increasingly large scale litigation reviews. For attorneys and project managers assessing different methodologies, it has been challenging to understand what evaluative metrics are relevant. F-scores are often inappropriately interpreted as measures of review quality when evaluating predictive coding results. But to get a better understanding of how an application of predictive coding has performed and to manage the defensibility of your review, the component elements of the f-score – precision and recall – should be reviewed. But how do precision and recall scores relate? And, more importantly, what do these results tell you about your production?

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