How Do Paralegals Play a Role in Document Review

Paralegals have been taking a much larger role in supporting the electronic discovery process (AKA eDiscovery), allowing attorneys to focus more on the police force.  The most important functions a paralegal can perform include:

1. Understanding the Data Technology involved:

When asking for documents from opposing counsel, or the client, it is important to consider the types of software involved and requesting the information in "native" format.  This is often referred to equally electronically stored information or ESI. Native format is only electronic information in its original format such as Outlook emails (or Lotus Notes), Word documents, Excel spreadsheets, QuickBooks data, Adobe documents, etc.  It is also important to consider other ways of electronic advice frequently used such every bit cell phones, voicemails, or digital recordings.  Many companies have Information technology professionals that can assist in identifying the data they tin provide, peculiarly from specialty software they utilize.  Questions to ask include:

• Who are the custodians whose documents need to be collected?
• How many information points does ESI need to be collected from for each custodian (laptop, cell phone, desktop, etc.)?
• What types of software are utilized (Outlook, Excel, Adobe, QuickBooks)?

2. Understanding and assisting the attorney with electronic discovery orders:

Identifying the information needed for the particular case is best washed with the chaser, paralegal and Information technology professionals.  This tin help limit the information requested simply to the parties (often called "custodians") from whom you lot hope to gain the most relevant information.  Identifying specific search terms to limit the information requested is too prudent.  Once the information requested is narrowed down, it is time to work with the other side to set up an agreement as to the data to exist produced.

Attorneys, with your input, will frequently ask the court for an electronic discovery society sometimes called an ESI Protocol. Putting all the various types of electronic documentation into your request and having the court guild that the data be released in native format, forces the issue of providing native documents.  It can also exist of import to prepare agreed protective orders for confidential information inadvertently produced, which protects both sides.

3. Agreement and utilizing specialty electronic discovery software:

Litigation eDiscovery software is currently a booming concern.  At that place are many vendors, variety of pricing models, and software that tin keep yous organized and producing the proper documents responsive to requests for production of documents.

Some of you may work for a business firm which already utilizes and has established procedures for one of the eDiscovery software platforms.  For those of you that do not, assisting the attorneys with researching, pricing and attending demonstrations will help everyone.  The reward of having your input, since oftentimes you lot will exist the 1 utilizing the software platform, is invaluable.

A couple of things to watch for with the software you choose:

1. Security.  If you are dealing with highly confidential and sensitive data, peculiarly tax returns, bank statements, banking loan documentation, HIPAA documents, you need to ensure that the software called has a higher level of security.  Many vendors are becoming more enlightened that they need a two-factor identification for logging into the database.
2. Ease of Utilize.  The software platforms come from easy, entry level, to highly technical and complex.  Choosing the software that works best for you and your attorneys is critical.  Why pay for software that'due south also confusing to use?  Nigh vendors volition not only train y'all on the utilize of their product simply will assist you up-front with setting up their platform tailored to what your team needs for review and production of documents.
3. Performing document review.

Attorneys are relying more heavily than always on their paralegals in the eDiscovery process.  The well-nigh important function the paralegal tin can play is in document review.  However, the attorneys demand to tell you exactly what they consider responsive or non-responsive.  Frequently, the attorneys will have yous closely look at the discovery requests, and but produce documents that are conspicuously responsive.

Every bit an example, peradventure documents have been requested from one detail party ("John Doe") to/from/carbon copied of another specified party ("Jane Smith").  When yous are reviewing the documents for production, if in that location is an email from John Doe to Susie Que, it would non be responsive.  Alternatively, if in the discovery requests that yous produce all documents from John Doe and there is no qualifier, y'all would have to produce Susie Que'southward communications equally well.

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Source: https://blog.goosmannlaw.com/paralegal-review/ediscovery-in-litigation-the-paralegals-role-in-electronic-discovery

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