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July 15, 2011

Document Review Under the Microscope

The J-M Manufacturing Co.e-discovery malpractice suit against McDermott Will & Emery, has caused the document review process to come under close scrutiny. This is healthy and long overdue. The review process is costly, complex, requires expert supervision, careful training, defensible protocols and quality control.

Microscope Traditionally, law firms used their first year associates to conduct document reviews. Now we are seeing those associates taking on more of a management function over the review process. Document review is part art and part science that requires unique skill sets. To that end, document review attorneys are becoming specialized and actually making a career of it. Maybe certification is not far behind.

One of the most important decisions in e-discovery, is who to use for the legal process sourcing of the review. Best practices requires having a well thought out document review protocol that is supervised by an experienced professional and having the right review team.  



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