Electronic Discovery

Analysis

Analysis is an iterative process, occurring at several phases of the EDRM. In conjunction with identification and processing stages, analysis can help reduce the number of records to be reviewed in detail to a reasonably manageable data set. As with other phases, information assimilated and gleaned during this phase may renew the need to revisit other phases of the EDRM. Key words, date ranges, custodians, issues, etc. may need to be revised or added once analysis has begun. Issues to address prior to and during analysis include:

• Who will serve as document analysts; project managers; litigation support managers; lead / senior, associate, and review attorneys; legal IT personnel; etc.
• How will sample data be reviewed and tested / quality checked, e.g., after key word searches have occurred, what analysis and review will ensure data is falling within the appropriate "responsive" or "non-responsive" data collections?
• What searches and filters can be used to cluster related documents to allow efficient review?
• How much data has been collected and from which custodians; how much data has been excluded by key word searches or filters and has it been excluded accurately; what types of data have been collected; which document populations are most likely to contain responsive records?, etc.