eDiscovery document review is a core component of modern litigation, investigations, and regulatory matters. It involves the systematic examination of electronically stored information (ESI) to identify documents that are relevant, responsive, or privileged.
Note: This article is for general informational purposes only and does not constitute legal advice.
What Is eDiscovery Document Review?
Document review occurs after documents have been collected and processed and before production to:
- Opposing parties
- Regulators
- Other third parties
Goal: Determine whether documents are relevant, responsive, or subject to privilege.
Why Document Review Is Necessary
Organizations conduct document review to:
- Comply with discovery or regulatory obligations
- Identify information relevant to claims, defenses, or investigations
- Protect privileged or confidential materials from disclosure
- Ensure productions are accurate, complete, and defensible
⚠️ Document review is process-driven, not outcome-determining.
Common Phases of Document Review
- First-Level Review
- Initial examination of documents
- Determine relevance and responsiveness
- Apply review protocols and coding guidelines
- Second-Level / Quality Control Review
- Verify consistency, accuracy, and adherence to review protocols
- May include sampling, validation, and issue escalation
- Privilege Review
- Close examination of potentially privileged documents
- Determine protection from disclosure and need for privilege logs
Review Criteria and Protocols
Document review is guided by written protocols, covering:
- Definitions of relevance and responsiveness
- Issue coding requirements
- Privilege criteria
- Confidentiality designations
- Escalation procedures
Clear protocols ensure consistency and defensibility.
Attorney Supervision and Oversight
- Ensures proper application of protocols
- Confirms privilege determinations are consistent
- Documents review decisions appropriately
- Aligns process with professional obligations
⚠️ Attorney supervision does not replace trial counsel or involve litigation strategy.
Technology and Review Tools
- Specialized eDiscovery platforms help search, tag, and analyze large document volumes
- Technology-assisted review may be used under agreed protocols
- Purpose: Improve efficiency and consistency, not replace professional judgment
Reporting and Use of Review Results
Reports, logs, or production sets may include:
- Review volumes and progress
- Coding decisions
- Privilege determinations
- Quality control findings
These support transparency and defensibility in discovery.
What eDiscovery Document Review Is Not
Document review does NOT involve:
- Legal advice on the merits of a case
- Determining litigation strategy
- Guaranteeing outcomes or production results
- Replacing trial counsel or lead investigators
Scope is defined by engagement terms and protocols.
Conclusion
eDiscovery document review is a structured, process-oriented activity supporting compliance, risk management, and defensible discovery practices. With clear protocols and proper oversight, it helps manage complex legal information efficiently.
⚠️ This article is for informational purposes only. An attorney-client relationship is formed only via a written engagement agreement.