Perhaps the Biggest “Gotcha” in Document Review is Not Knowing What “Done” Looks Like
Let’s be honest, not everybody in the world is a good cook and there are very few “great” chefs out there. It’s one of the reasons why the chain restaurant industry is projected to be over $120 billion just in the US this year, despite the COVID pandemic. Some people simply have no desire to cook; others may try, but just can’t seem to “get the hang of it”. Their cooked meals come out undercooked, overcooked or poorly seasoned – even with a recipe that supposedly provides detailed instructions. These inexperienced or untalented cooks and chefs have trouble knowing how to get to “done” for their meals, which often makes them unsatisfying.
Planning and managing review projects are not for everybody either. Many legal professionals don’t have the desire or the time to manage review projects; yet many of them are thrust into doing so with little time and/or minimal training to effectively manage review projects, leading to low quality results, missed deadlines or even inadvertent disclosures. It’s one of many “gotchas” that can derail your document review project.
A successful chef learns through training and experience how to cook multiple dishes and cook them all well. An experienced review manager understands how to plan the right workflow for each unique review project. They both understand what “done” looks like for their respective disciplines.
The End Defines the Beginning
Well before beginning the review process, it’s important to start thinking about the goals for the review that will take place and you need to look at the goals for the end phases of the EDRM life cycle – Production and Presentation – to help define those goals and ask yourself questions like these:
Production: What are the types of documents we will be expected to produce? What is the expected deadline to complete the production? What is the expected size of the review population after culling and filtering? Should rolling productions be considered? Should technology assisted review be considered? Is specific expertise or technology needed for certain types of documents (e.g., medical records, CAD drawings, etc.)?
Presentation: What types of documents are most likely to be used in depositions, hearings and trials that will help or hurt our case? How will they be used? Can we capture certain information (such as “hot” document identification or issue coding) during a responsiveness review that will facilitate downstream activities such as depo prep?
Those are just a few examples of the many questions that a review manager may need to consider, and no two document review projects are the same, so the questions vary from project to project (sometimes widely). Many legal professionals think that the answer to completing a document review project by the deadline is to “throw bodies” at it but doing so without an experienced review manager who defines what “done” is like the lemmings following each other right over the cliff – you may get to an end result, but it may not be the result you want.
The Project Management Triple Constraint
Experienced review managers also understand the project management triple constraint where all projects are carried out under three specific constraints: time, cost and scope (i.e., 'the triple constraint'). The idea is that: 1) Projects must be delivered within cost, 2) Projects must be delivered on time and 3) Projects must meet the required scope.
Scope is the “done” that drives the other two constraints – if Scope grows, the time or the cost, or both, to complete the project has to be greater. The famous saying for a project manager is “you can have it fast, cheap or good – pick two”. Experienced review managers understand how to effectively use Scope to make decisions to best manage time and cost.
When we eat at a fancy restaurant, we expect the chef to provide a great meal. He or she has an ability to deliver great food while dealing with numerous variables (including special requests, how busy the restaurant is, etc.) because he or she understands what “done” is for that requested meal. Often, we go to a fancy restaurant specifically because we know the chef can provide a better tasting meal than we can.
Experienced review managers understand how to define what “done” is – despite numerous variables to consider – before any document review begins. They have the knowledge and experience to avoid the biggest “gotcha” in document review today.
If you don’t know all the variables you may have to deal with to define “done”, rely on an experienced review manager to help you get there. Your understanding of the goals of the case and the ability for an experienced review manager to define the “done” in document review to support those goals is key to the success of the review, as well as the overall case itself, so make sure you consider that when vetting potential review managers to ensure they understand how to define “done” to accomplish those goals. Failing to do so may leave you at the end of your review project with a bad taste in your mouth. Bon Appetit!
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