Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Saving E-Discovery Money with Hit by Term Reports

December 4, 2009

Yesterday, I had the pleasure of lecturing for the Pennsylvania Bar Institute in Pittsburgh. One of the other faculty members was Dave Cohen from K&L Gates. I thought I'd pass along a bit of Dave's session, which I found fascinating.

Dave recounted the extent to which he relies on "Hit by Term" reports – how many hits does each search term get when it is used against a sample of the data? What are the quality of the hits? Dave says that he usually goes through 3-5 iterations of this process before the search terms are finalized.

I had to chuckle when he told the audience that his all-time high was 32 (yup, 32) iterations of this process. As painful as he said that was, the final result was that they winnowed out 95% of the original data and had high confidence that they had all or nearly all of the relevant ESI. And though the process took time and money, the document review (minus the winnowing) would have take a lot more time and money.

Hat tip to you Dave for the most interesting ESI tidbit of the day!

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