Production: Communication Within Your Team
In the pre-electronic discovery world, discovery was handled almost entirely by the legal team and the business team. The only technology and technicians needed were those involved in the numbering, copying or scanning and coding of documents. Those processes could effectively be addressed at the end of the review process. In the electronic discovery era, technology and technicians are critical to ensuring a smooth and efficient production. Both must be considered and involved in the early stages of the discovery process.
Technical team members might include the corporation's IT personnel, a service provider's and outside counsel's project managers, the corporation's and outside counsel's litigation support analysts, and more. These technical team members can be invaluable in the analysis of the data to ensure the efficiency and completeness of documents being produced and those being received. Some members of the technical team may be provided a copy of the document requests and agreements between the parties about the method, form and content of the productions in order to be able to provide information to the legal team about the contents and the completeness of the production from a technical perspective. An example of this might be a case in which the analysis of schematics and drawings is important. If the technical team members know to expect such documents and none or fewer than expected are produced, that issue can be addressed early in the production rather than after the review has progressed. It may be that those types of files are kept on a shared location of the corporation's server and that location was overlooked in the collection of documents.