Five Steps to Ensure a Technically Accurate Document Production

Transcription

1 Five Steps to Ensure a Technically Accurate Document Production by Elwood Clark Lawyers spend a lot of time focusing on the legal aspects of a document production, including properly defining the scope of production, negotiating the production format, and protecting privileged documents from being produced. Five Steps to Ensure a Technically Accurate Document Production Understanding e-discovery Terminology Facilitates Production Process However, carefully considering the technical aspects of a production is equally important to ensure that documents can be loaded into a review tool or delivered to an opposing party. Below are five important factors to consider when determining whether a production is technically sound. Image vs. Native Format Documents may be produced in either native or image format. In a native production, the document is produced as it is found on the custodian's computer (e.g., MSG file or.doc file). If a production is in native format, then it is important to verify that the metadata was not altered during the production process. Documents may also be produced in image format (TIFF or PDF), which may be more readily accessible than native files. In addition, review platforms handle image formats at a relatively low cost (though hosting and production costs may be higher). Image productions may use a single-page or multipage format. Typically, single-page images are produced. Single-page images ingest more quickly into a review platform than their multipage image counterparts. Color images add a level of complexity to a document production because they are not always supported by review platforms. The files for color images tend to be larger in size than the black and white equivalents and impede review platform functionality. When color is What's New at DSP Work Station Upgrades Feature State-of-the-Art Technology, Ergonomic Comfort Technological inefficiencies such as limited bandwidth, low clock frequencies and anemic graphics will impede productivity and work quality in any technology-driven business. However, by continuing to enhance its document review equipment to improve stability, speed and flexibility, LeClairRyan's Discovery Solutions Practice (DSP) is moving in the opposite direction. DSP recently completed the second phase of its under-thehood upgrades, which will result in offering clients expedited document review services at

2 required, however, multipage PDF documents or single-page JPG files may be preferable to TIFF images. Regardless of the type of image format, however, it is important that each image is named by the beginning Bates number in the production. Using this type of naming convention allows trial counsel and opposing counsel to identify pages and documents quickly during a case. Document Metadata Fields Metadata is most commonly known as "the data about data" and can be altered or even destroyed very easily. Some examples of metadata fields include Date Sent, Date Created, Author, Recipient, and File Location. It is important to preserve metadata at the point of collection so the metadata included in the production is accurate. In a native production, metadata is typically produced as part of the native documents. In an image production, the image is produced instead of the native document so the metadata is produced in an ASCII text file or DAT file. These files are designed to be imported as an overlay into a document review platform. It is important to verify that the ASCII or DAT file uses the correct syntax. If there is one missing delimiter in the file, then the documents listed after the missing delimiter will not load properly. Load File The load file is the pointer file used to load documents into a review database. There are different types of load files, so it is important to know what review platform the end user will load the documents into (e.g., Summation, Relativity, Concordance, Stratify and Ringtail, among others). There are three standard load files: DII, LFP, and OPT. Each load file type has a standard format that is compatible with the different review database platforms. If a document is produced with a load file that is incompatible with the recipient's review platform, then the load file will need to be reconfigured or the proper load file will need to be provided. To the untrained eye, a load file may look like gibberish. However, similar to the DAT file, it is important to have proper syntax and include a field that is in both the load file and DAT file to link the data together in the database. This linking field is usually a document ID or beginning Bates number of each document in the production. OCR vs. Extracted Text Files When document text is produced, it is either produced as extracted text and/or text created by optical character recognition (OCR). Both file types permit a user to search a document for a particular word or phrase from a review platform; however, there are differences in search accuracy. lower costs. The team's new document review systems feature multimedia review capability, including CD/DVD equipment for specialized production needs. With increased memory and faster processing, DSP can handle even more projects with greater efficiency. State-of-theart, multi-core processors enable programs to function faster, fueling more effective project execution. Work Environment Features Understanding that an attractive and functional work environment fosters employees' job performance and satisfaction, DSP has provided its document reviewers with ergonomically correct work stations. The team's new work stations also feature high-contrast, highresolution monitors, which make document review easier on the eyes. With height adjustable and rotatable monitors, complex project tasks require less scrolling and fewer window changes. Reviewers have more real estate and can make better use of database functionality. In addition, accelerated video cards support multiple monitors, further improving work space capability. DSP strives to provide clients with the most efficient and costeffective approach to document review. This year DSP has embarked upon several internal initiatives to enhance the value of its services while decreasing clients' risk and cost. Finding better ways to work and using the best technology for the job, LeClairRyan is saving clients money and providing unsurpassable service. Learn more about DSP

3 Letters, s, spreadsheets, and other similar types of documents are searchable in native form. Text is extracted before it is imported into a database, enabling an end user to quickly search documents in a database. Extracting text is the process of taking a text-based document (letter, or spreadsheet) and inserting the text into a simple, unformatted text document. Optical character recognition (OCR) identifies text that is unable to be extracted, such as some PDF files and scanned images. OCR is a software processing tool that searches images for letters, numbers and symbols and saves them to a text file. This tool is often used when a document contains text that cannot be extracted. While OCR serves a useful purpose, it may not be as accurate as extracted text because images and handwritten content sometimes cannot be determined by the software. Therefore, the end result may be unreadable text. OCR or text files may be created at the document or page level; however, producing these files at the document level is typically more effective because they contain the text of each document. Bates Numbering, Endorsements and Redactions Documents produced in image format typically contain a Bates number, often on the lower right-hand side. The Bates number is a unique document number that identifies a produced document and is important for referencing in discovery responses, depositions or other exchanges between parties. An example Bates number is CLIENT Check document productions to ensure Bates numbers are properly applied. Documents may also contain endorsements as required by a protective order. An endorsement is language such as "Confidential," "Highly Confidential," "Attorney's Eyes Only," or "Confidential Health Information" stamped on each page of a document, often on the lower left-hand side of a produced image. Not every document produced will contain an endorsement, so check productions to ensure endorsements are properly applied. When producing documents in native format there is not always an image to stamp with an endorsement or Bates number. When native documents are produced with images, a placeholder image may be produced with wording such as "Document produced in native format." In native productions, the file name may be moved to the metadata file and replaced with the Bates number designation. Otherwise, the Bates number may be identified in the metadata file cross-referencing with the file name. Some review platforms have a character limit on the file name length; therefore, if the Bates number and endorsement language is lengthy, some review tools may struggle to ingest the documents.

4 Document productions are critical components of legal matters across a full spectrum of industries; however, they fall short of delivering relevant information if the receiving party is unable to load and view the content. By taking the necessary steps to ensure that document productions are technically as well as legally sound, electronic discovery teams will achieve end results that meet expectations. Understanding e-discovery Terminology Facilitates Production Process When complying with an electronic discovery obligation, whether in response to litigation or a government investigation, being familiar with the concepts related to the production process will help yield desired results. Below are brief explanations of three frequently used terms related to the collection and review of relevant documents. De-duplication (de-duping): the process of comparing electronic records based on their characteristics and removing or marking duplicate records within the data set. For example, an exact copy from a different location (such as a different mailbox, server tapes, etc.) is a duplicate. The methodology deployed and definition of "duplicate records" should be agreed upon at the onset of a document production. De-duplication can be selective, depending on the agreed upon criteria. Some related terms in The Sedona Conference Glossary include: case de-duplication, content comparison, crosscustodian de-duplication, custodian de-duplication, data verification, digital fingerprint, file level binary comparison, hash coding, horizontal de-duplication, metadata comparison, and near de-duplication. Quick peek: an initial production whereby documents and/or electronically stored information are made available to the opposing party before being reviewed for privilege, confidentiality, or privacy. During a quick peek, the receiving party reviews the documents and identifies those that it would like produced. The producing party then reviews only the selected documents for privilege and confidentiality before production and delivery. Because the documents are made available to the opposing party without prior review, this process requires stringent

5 guidelines and restrictions to prevent waiver of any privileges. Federal Rule of Evidence 502 protects against privilege and confidentiality waiver during an initial quick peek. Journaling: a function of electronic communication systems (such as Microsoft Exchange and Lotus Notes) that copies sent and received items into a second information store for retention or preservation. Because journaling takes place at the information store (server) level when the items are sent or received, rather than at the mailbox (client) level, some message-related metadata, such as user foldering (what folder the item is stored in within the recipient's mailbox) and the status of the "read" flag, is not retained in the journaled copy. The journaling function stores items in the system's native format, unlike archiving solutions, which use proprietary storage formats designed to reduce the amount of storage space required. Journaling systems may also lack the sophisticated search and retrieval capabilities available with many archiving solutions. Reprinted courtesy of The Sedona Conference. CALIFORNIA MASSACHUSETTS NEW JERSEY PENNSYLVANIA CONNECTICUT MICHIGAN NEW YORK VIRGINIA WASHINGTON, D.C. Copyright 2011 LeClairRyan. All rights reserved. To unsubscribe, please reply to this with UNSUBSCRIBE in the subject line.