April 27, 2023

 Richard Keene

ediscovery document review litigation data breach response investigations

Although technology has transformed discovery from the dark ages of rooms full of boxes of paper, it is not the most important determinant of the success – or failure – of an eDiscovery project. Even with the accelerating pace of innovation in the field, human expertise reigns supreme. For anyone responsible for an eDiscovery matter, perhaps the single most consequential decision is selecting an eDiscovery professional for the role of eDiscovery Project Manager (eDPM). An eDPM’s experience and knowledge are make-or-break factors in modern document reviews and impact litigation strategy, discovery costs, review quality, the time needed to complete a review, and client satisfaction. The critical role played by eDPMs makes it crucial to understand their role and how working with a skilled eDPM benefits your matter.

Part of what makes an eDPM so important is the many roles an eDPM plays over the course of a matter. The eDPM is actively engaged in every step of the project, from its earliest days to its conclusion.

Coordinator: At the start, the eDPM is a key participant in the discussions, decisions, and planning that set the stage for everything to come. A good eDPM knows how to lead the process of clarifying objectives and agreeing on timelines. Achieving consensus among project stakeholders requires interpersonal skills in addition to practical and logistical ones. An eDPM also plays an important part in makings decisions about the timing and means of data transfers. Ideally, the eDPM has the experience and familiarity with litigation strategy to act as an advisor on potential ESI agreements and similar items.

Technical Know-How: eDPMs must have technical expertise. Of course, specialised knowledge of the systems used in the collection, transfer, and review of project data is a must-have. But the eDPM assists the technical team with the collection of project data and uploads that data to an appropriate review platform. An eDPM must be a database expert able to work closely with the case team on setting up well-considered document coding schemes and formulating efficient searches for zeroing in on key material.

Quality Assurance: As a matter moves to production, the eDPM’s work expands to setting up and overseeing quality control checks. The eDPM also makes sure document productions align with the parties’ ESI agreement and other obligations. At the same time, the eDPM manages the receipt of material from opposing and third parties. This includes importing documents and notifying the case team of any deficiencies with whatever other parties have furnished.

Putting the Matter to Bed: After a matter concludes, the eDPM handles the final aspects of discovery, such as creating whatever workspace archives are appropriate and deleting and destroying all electronic data, both source files and in the review platform.

In any matter involving eDiscovery – litigation, investigations, data breach response – the eDPM plays a unique and critical role from start to finish. Without an experienced and knowledgeable eDPM, a legal team invites unforced errors that can lead to painful consequences – not only in the result of the matter but also in time and money consumed by it. Yes, technology matters in eDiscovery. But selecting an excellent eDPM and leveraging their expertise is crucial for success.