Most litigation, investigations, and regulatory matters now turn on electronically stored information (ESI). Document review is the stage where that information is examined, coded, and prepared for production. It is also where privileged material is protected and where the quality of the whole discovery effort becomes visible.
This article explains how eDiscovery document review works, how its phases fit together, and what makes a review defensible. It is for general informational purposes only and is not legal advice.
What eDiscovery Document Review Is
eDiscovery document review is the examination of collected documents to determine whether they are relevant, responsive, and privileged in connection with a legal or regulatory matter. Review follows collection and processing and comes before documents are produced to opposing parties, regulators, or other third parties.
Organizations undertake review to meet discovery or regulatory obligations, to identify information relevant to claims, defenses, or investigations, to protect privileged and confidential material, and to ensure that productions are accurate, complete, and defensible. Review supports compliance and risk management. It does not decide the outcome of a matter.
The Phases of Review
- First-level review. Reviewers make an initial determination of relevance and responsiveness against defined criteria, applying the coding guidelines written for the matter.
- Second-level and quality control review. A second pass verifies consistency, accuracy, and adherence to the protocol. This phase includes sampling, validation, and escalation of close calls.
- Privilege review. Documents flagged as potentially privileged are examined more closely to decide whether they are protected and how they must be logged. Privilege logs are prepared to the client's specifications.
- Production. Documents cleared for release are produced in the agreed format and by the agreed deadline.
The Review Protocol
Every well-run review is governed by a written protocol. It typically sets out:
- Definitions of relevance and responsiveness
- Issue coding requirements
- Privilege criteria
- Confidentiality designations
- Escalation procedures for unclear documents
A clear protocol is what keeps thousands of coding decisions consistent. When anyone asks why a document was coded the way it was, the protocol is the answer.
Technology and Platforms
Review is conducted in specialized eDiscovery platforms that allow reviewers to search, tag, and analyze large document sets. Experienced reviewers work across the major platforms, including Relativity, Reveal, Nuix, Everlaw, Logikcull, DISCO, and Opus2. Technology-assisted review tools may also be used where the parties agree and the protocol allows.
Technology improves efficiency and consistency. It does not replace professional judgment.
What Makes a Review Defensible
- A written protocol applied consistently
- Quality control that includes sampling and validation, not just a final skim
- Documented privilege decisions and complete privilege logs
- Clear escalation of uncertain documents to an attorney
- Production in the agreed format, on schedule, with a record of what was reviewed and how
Defensibility is built during the review, not assembled afterward. If a production is ever challenged, the review record is what answers the challenge.
Why Attorney Review Matters
Responsiveness and privilege calls are legal judgments. A privilege error can expose protected material, and an over-inclusive or under-inclusive production carries its own risk. Attorney-performed review brings legal judgment to those calls from the first document, so the people deciding are qualified to decide.
Attorney review does not replace trial counsel and does not involve litigation strategy.
How RM Global Law Firm Performs eDiscovery Document Review
Document review at RM Global Law Firm is performed and certified by our managing attorney, from pre-litigation investigations through production. Our work covers first-level responsiveness and privilege review, quality control and second-level attorney review, privilege log preparation to client specifications, and production per the agreed format and deadline.
For larger matters, U.S.-licensed contract attorneys are engaged under direct attorney supervision, using the same written review protocol and quality control process on every matter. Every production is attorney-certified before delivery.
We work in all major eDiscovery platforms, and additional platforms are available upon request. Engagements begin with a written engagement agreement and are available hourly, per document, or as a fixed fee per matter.
Learn more about our eDiscovery document review services on the Services page, or submit a secure inquiry.
What eDiscovery Document Review Is Not
eDiscovery document review does not involve:
- Providing legal advice on the merits of a case
- Determining litigation strategy
- Guaranteeing outcomes or production results
- Replacing trial counsel or lead investigators
The scope of every review is defined in the written engagement agreement and the applicable protocol.