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A Boutique Lawyer’s Guide to Mastering the Document Intensive Case

Leveraging eDiscovery Technology to Handle Complex Cases

with Limited Resources

A Boutique Lawyer's Guide to Mastering the Document Intensive Case

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We’re an Austin, TX based provider of highly affordable cloud-based eDiscovery software and services, specializing in serving boutique law firms and organizations. We provide:● The Industry’s Most Affordable and Full-Featured DIY eDiscovery Platform● The Industry’s Fastest eDiscovery Processing & Document Review Software● Delivers the Industry’s Fastest ROI● Experienced eDiscovery Specialists and Expert Consultants

Gartner Customer Reviews

“Secure, easy-to-use and a great review tool for consideration”

“A powerful litigation document management service”“Cost-effective eDiscovery”

About Lexbe


● CEO of Lexbe, a provider of cloud-based litigation processing, review and document management software & eDiscovery services

● Frequent speaker/author on eDiscovery and legal technology issues

● Planning Committee, Electronic Discovery Institute, State Bar of Texas

● eDiscovery consultant & expert

● EducationMBA, University of TexasJD, Southern Methodist UniversityBA, University of Texas

Gene Albert512-686-3460

[email protected]://www.linkedin.com/in/gene-albert

Guest Speaker




● Growth of Boutique Law Firms

● Challenges for Boutique Firms Handling Large & Complex Cases

● Technology and Staffing to Support a Boutique Firm Practice

● eDiscovery/Document Management Software by Case Stage

● Document Review/Production Options in Large Cases

● Case Study

● Checklist for Managing Document Intensive Cases

Agenda


Source: Thompson Reuters Legal Executive Institute 2017

Boutique Firms in the Headlines

Growth of Boutique Law Firms


● Specializes in a niche area of law practice● Relatively small● Sophisticated practice area(s)● Boutique practice groups in larger firms

● Common litigation boutique practice areas○ Class Action○ Construction○ Employment○ Environmental○ IP ○ Securities

● It’s often a lifestyle choice

What is a ‘Boutique Law Firm’?Growth of Boutique Law Firms


● Provide better service for clients

● Complete control of how cases are managed

● Ability to handle all desired aspects of a case

● Increased flexibility with one’s time and work

● No constraints on building clientele

● Make more money

From Wallerstein, From Biglaw to Boutique - Top Ten Differences (Above the Law)

The Boutique Law Practice DreamWhy Do Attorneys Leave Big Law for Boutique Law Practices?

Growth of Boutique Law Firms


Boutique Firms Want to be ‘Lean and Mean’

● InfrastructureLack of a large firm’s expensive technology infrastructure

● Support StaffLack of in-house eDiscovery litigation support and IT staff

● Computer Hardware & SoftwareLack of specialized litigation and eDiscovery hardware and software and related administrative expertise

● Review StaffLack of sufficient in-house attorneys, paralegals and IT personnel to staff a large case

Challenges of the Boutique Law Practice


On-Demand Software is aka:● Software as a Service (SaaS)● Web-Based● On-Demand● ASP (older name)

Advantages● Latest generation tools without capital and personnel investment● Work from anywhere, collaborate and share data in real-time● No up-front hardware or set-up costs● No IT staffing or maintenance costs● Access to a scalable server structure for practically unlimited data processing, storage and speed● Best practices in data encryption and security● More easily passed as a cost to clients● Possibly recoverable as damages in some action

Cloud eDiscovery SoftwareTechnology to Support a Boutique Firm


Limitations of Keeping Excessive Internal Staff● Expensive fixed cost whether there is sufficient work or not● Management drain on partner time and attention● Difficult or impossible to staff the range of ediscovery & specialized litigation support expertise

needed in a small firm● Internal non-paralegal time may be difficult to bill and recover

Advantages ● Staff can be increased quickly to meet variable staffing needs● A full range of experts can be brought in● Costs incurred more surgically, when needed for a case

Types ● Contract and Review Attorneys● Freelance paralegals● eDiscovery Specialists / Project Managers

Advantages of OnDemand Support Staffing

Staffing- In-House vs. Outsourced


Simplified Case Workflow

Planning & Collection

ECA & Culling

Processing Review Production Depos & Motions

Trial & Appeal

eDiscovery by Case Stage - Planning & Collection


ESI Data Funnel


ECA & Culling


Trial & Appeal

ESI ID & Collection

ECA & Culling/Filtering

Review, Coding & Production

Use (Depos, Motions, Trial)

RAW DATAHigh Volume | Low Relevance

Time |

Pro

cess

ing | R

eview

EVIDENCELow Volume | High Relevance



eDiscovery Software Capabilities● Custodian & ESI tracking/searching● Data pivot analysis and reporting of

collected data by custodian, location, file type, date, etc.

● Integrated reporting for drill-down analysis, as needed

Goals● Identify ESI custodians● Map ESI data sources● Issue litigation holds● Determine collection methodology● Collect ESI● Quality control collection

ESI: Electronically Stored Information

Custodian ID & Data Mapping


ECA & Culling


Trial & Appeal



Custodian Identification

Custodians Role


ECA & Culling


Trial & Appeal



Data Mapping


ECA & Culling


Trial & Appeal



Litigation Lifecycle- Culling and ECA

Goals● Quickly, inexpensively and defensibly

reduce ESI to potentially relevant documents.

● Cull ESI by date, custodian, metadata and keywords.

● Use ECA to analyze data to identify collection gaps.

eDiscovery Software Capabilities● Expansion, extension repair, deNIST, deduplication,

metadata extraction and fielding.

● Dynamic culling/filtering by Custodian, Date, Document Type, and other metadata fields.

● ECA reporting, pivot tables & graphing of ECA collected by custodian, date range, document type, etc.


ECA & Culling


Trial & Appeal

eDiscovery by Case Stage - Culling & ECA


Litigation Lifecycle- Culling and ECA

● Track incoming ESI using pivot charts and visual graphs.

● Export Early Case Analysis data for further analysis and reporting.


ECA & Culling


Trial & Appeal

eDiscovery by Case Stage - ECA & Culling


Goals ● Accurately and quickly process ESI collected to

prepare for review and production

● Extract text from natives and OCR images for optimal searchability

● Organize data for optimal review process

eDiscovery Software Capabilities● Support common Native file types

● Searchable PDF, Image or HTML created for best document viewer experience

● Multi-server scalability for fast load and processing

● Fast search index creation, update

Processing Goals and Software Capabilities


ECA & Culling


Trial & Appeal

eDiscovery by Case Stage - Processing


ESI Upload/Ingestion

● Securely upload and process native documents directly from your browser.

● Assign custodian/case participants and automatically perform optical character recognition (OCR) on all incoming documents.


ECA & Culling


Trial & Appeal

eDiscovery by Case Stage - Processing


Goals● Code documents accurately, quickly & cost

effectively

● Identify responsive, privileged & attorney’s eyes only (AEO) ESI

● Search, ID, & issue code key documents

● Multiple review methodologies available

eDiscovery Software Capabilities● Fast, accurate search

● Custom fields and coding capability

● Dynamic release review sets for reviewer load-balancing and quality control

● Near duplicate groupings for batched review, review quality

● TAR (predictive coding) capability as needed

AEO Attorneys’ Eyes OnlyTAR Technology Assisted Review

Review Goals and eDiscovery Software CapabilitiesPlanning

& CollectionECA & Culling


Trial & Appeal

eDiscovery by Case Stage - Review


Document Review- Search


ECA & Culling


Trial & Appeal



Search Capacity


ECA & Culling


Trial & Appeal

Index MethodEmbedded

Image in Text

Text Excluded

From PrintHidden

Text

Imaged/OCR Yes No No

Native Extraction No Yes Yes

UberIndex Yes Yes Yes

● Native Text Extraction - Comments, notes, hidden sheets, speakers notes, etc.

● OCR - Scanned docs, embedded images, faxes

● Metadata

● Non-English - Translation integrations



Review- Multiple Document Versions

● Hits - Highlighted from search● Original - Native if available● HTML - Extracted text from native● Page - One page at a time● PDF - Full viewing & access● Text - OCR of images● Produced - Versions Bates-stamped● Redacted - Confidentiality● Translated - For foreign language● Annotated - For depos


ECA & Culling


Trial & Appeal



Review- Excel & Office In-Line Natively


ECA & Culling


Trial & Appeal



Review- PDF Advantages

● Portable - No need for additional local software to view files. Viewing in native alone can slow reviewers.

● Small - A text-based PDF is compact (same size as native original usually) and does not bloat the review platform.

● Bates Stamping - Documents can be bates stamped and pages specifically identified using a variety of software tools.

● Easy to Work With Single file (compared with single page TIFFs, JPGs, PNGs with separate text files, load files), or HTML review files.

● Native Integration - Native files linked to record for access when needed; TIFFs can be created as part of the production step.


ECA & Culling


Trial & Appeal



RedactioneDiscovery by Case Stage - Review


ECA & Culling


Trial & Appeal

● Inline Redaction Editor○ Image (PDF or JPG/PNG)○ Remove text and re-OCR

● Text-based Redaction using Adobe Acrobat Pro)

○ Bulk download and upload○ Part of document record

● Native Excel redaction


-Immediately usable-Integrated workflow-Leverage best practices-Wheel ‘already invented’

-Issue coding-Reviewer assignment-Add’l filtering/sorting-Unlimited in number/use

Review- Custom Coding Options

Built-In Fields

Custom Fields


ECA & Culling


Trial & Appeal



Multi-Doc Coding and Tagging


ECA & Culling


Trial & Appeal



Review Sets Creation & Assignment

● Create, assign, and release review sets.

● Maximize reviewer efficiency and eliminate dependencies.

● Organize by Custodian, Issue, Data type, language, etc.


ECA & Culling


Trial & Appeal



Review Methodologies

● Keyword SearchUsing search keywords to identify responsive and privileged documents. Sometimes maligned, it can be as accurate as any technology with proper use and testing.

● Predictive Coding (aka TAR)Manually review a seed set of documents to train predictive coding algorithm that will automatically code the remaining documents. Generate and review control sets to evaluate the results.

● Match Methodology and CaseCase size/type/budget will drive which review method is preferable in any given case.

● Linear ReviewRead, review, and code all documents, one at a time. Managed Review companies maintain contract attorneys to handle review of large document reviews.


ECA & Culling


Trial & Appeal



Linear Review Pros and Cons


ECA & Culling


Trial & Appeal

Pros○ Comprehensive - Going through the entire population of documents ensures a thorough review.○ Learn Case While Coding - Time spent engaging with the document set pays off in the form of high

level case familiarity at an earlier time.○ Most Comfortable - It’s the way litigation has been done since paper was invented.

Cons○ Slow - Takes significantly more time to go through all case data○ Expensive - More review hours are needed to conduct linear review.

Best for○ Small Cases - Less voluminous data sets are the best candidates for linear review.○ Case Subsets - Key Issues, Custodians, etc., in larger datasets○ Managed Review. - If the case budget justifies managed review.



Keyword Searching Pros and Cons


ECA & Culling


Trial & Appeal

Pros○ Fast - Large data sets can be reviewed and tagged in days or even hours.○ Inexpensive - Much less costly than a linear review.○ Reduces Human Error - Computer searches are consistent; not so humans.○ Familiar - Lawyers and judges are trained in keyword searching (at least in structured data like Westlaw, etc.)

Cons○ Over/Under Inclusive - Will not make distinctions that human reviewers might○ GIGO - Only as good as keywords. Can be improved sampling, iteration or revision○ No Issue Coding - Key docs still must be IDed and reviewed for depo preparation.

Best for○ Larger Cases○ Rush Reviews & Short Timeframes



Predictive Coding (aka Technology Assisted Review, or TAR)


ECA & Culling


Trial & Appeal

Pros○ Fast - Large data sets can be reviewed quickly.○ Inexpensive - Less costly than a linear review.○ Reduces Human Error - May equal or exceed human error rates.○ Involves Senior Attys - Involves and leverages expertise of experienced attorneys, rather than inexperienced

coders.Cons

○ Agreement - Usually requires opposition agreement ○ Unfamiliarity - Technology learning curve for lawyers and judges○ Limited Precedence - Still little case law○ No Issue Coding - Key docs still must be IDed and reviewed for depo preparation.

Best for○ Larger Cases - Best for larger cases; pressing deadlines.



Predictive Coding Workflow


ECA & Culling


Trial & Appeal

● Enables a skilled reviewer to train a computer algorithm to identify responsive and non-responsive documents in a large litigation document collection.

● Cf. manual linear review

● Cf. search keywords



Precision & RecallPlanning



Trial & Appeal

1. Perfect Precision & Recall

3. Low Precision, High Recall, aka excessive False Negatives aka Under-Production

2. High Precision, Low Recall, aka excessive False Positives aka Over-Production or Data Dump

4. Low Precision, Low Recall, aka Junk

Responsive Non-Responsive



Review- Near Duplicate Identification

Apply near duplicate detection (~50% overall text match)

Useful for:● Catching inconsistent privilege coding● Finding related Hot Docs● Accelerated responsiveness coding● Finding Document versions● Matching native and scanned versions of docs


ECA & Culling


Trial & Appeal



Email ThreadingPlanning



Trial & Appeal



Email ThreadingPlanning



Trial & Appeal



Artificial Intelligence (AI)Planning



Trial & Appeal


Analytics-Assisted Review+-Email Threading+-NearDupe Grouping+

Language-Auto-Language Detection+-Auto-Language Translation+

AI Insights-Cognitive Image Recognition+-Audio Transcription+-Email Sentiment Analysis+-Entity Recognition+


AI - Cognitive Image RecognitionPlanning



Trial & Appeal



AI - Sentiment AnalysisPlanning



Trial & Appeal



Production Goals & Software CapabilitIes

eDiscovery Software Capabilities● Fast production throughput rate with scalable

backend architecture.● Blended production options (Native, PDF & TIFF). ● Loadfiles for all popular review platforms: DAT,

DII, XLSX.● Integrated QC.

Goals● Fast production to maximize review time.● Flexible production options, including all industry

standards. ● Safeguards against inadvertent production of

privileged documents.


ECA & Culling


Trial & Appeal

eDiscovery by Case Stage - Production


Litigation Lifecycle- ProductionPlanning



Trial & Appeal



Forms of Production OptionsPlanning



Trial & Appeal

Type Description Advantages Disadvantages

Raw Natives No processing. E.g. Outlook PST

-Easy and cheap -Privilege, redaction problems-No pagination, Bates stamping-Applications needed, slow-No metadata extracted, loadfile

Processed Natives

Processing run, metadata extracted, load file created

-Natives available -Same except metadata. loadfile

TIFF Images Includes single-page TIFFs -Original standard-Bates-stamp, redaction-Optionally include natives

-Not portable, high expansion-Color issues, OCR needed

PDF Includes text-based PDFs -Same as TIFFs-Portable, color, smaller-Optionally include TIFFs



Loadfile OptionsPlanning



Trial & Appeal

Loadfile-Structured text or database type file that references document files and associates metadata and other information-Types: DAT, DII, XLSX

What’s Included-Document and email metadata-Document breaks (for single page TIFFs)-Email family associations-Map to multiple versions of files (e.g., TIFF, Text, PDF, Native)

þBEGDOCþþENDDOCþþBEGATTþþENDATTþþATTACHMENTþþPARENTIDþþRECORDTYPEþþDATESENTþþTIMESENTþþDATERECEIVEDþþTIMERECEIVEDþþFROMþþTOþþCCþþBCCþþSUBJECTþþDATECREATEDþþTIMECREATEDþþDATEMODIFIEDþþTIMEMODIFIEDþþFILENAMEþþFILEEXTENSIONþþSOURCEFILEPATHþþPAGESþþVOLUMEþþORIGINALSPATHþþTEXTPATHþþPDFPATHþþENRON 0000001þþENRON 0000001þþþþþþþþþþeEmail þþ05/26/2000þþ10:19:00 AMþþ05/26/2000þþ10:19:00 AMþþJohn J LavoratoþþJohn Zufferli{John Zufferli}þþþþþþMolson adþþþþþþþþþþ2000-05-26 10:19:00AM - Molson adþþ.msgþþjohn_lavorato_000_1_16\Top of Outlook data file\lavorato-j\John_Lavorato_Jun2001\Notes Folders\All documents\2000-05-26 10:19:00AM - Molson ad.msgþþ1þþVOL01þþ\ORIGINALS\0001\ENRON 0000001.msgþþ\TEXT\0001\ENRON 0000001.txtþþ\PDF\0001\ENRON 0000001.pdfþþENRON 0000002þþENRON 0000002þþENRON 0000001þþENRON 0000002þþþþENRON 0000001þþAttachment þþþþþþþþþþþ



DOJ Requested Metadata Fields (partial) Planning



Trial & Appeal



Automated Privilege Logging

-Metadata extracted from natives-Email date/time, sender, receiver, subject-Privilege and Work Product coding used-Privilege log automatically generated for review


ECA & Culling


Trial & Appeal



Litigation Lifecycle- Depos & Dispositive Motions

Goals● Organize key case issues and facts by

linking to supporting case documents.

● Workflow tools to support deposition preparation.

● Workflow tools to support motion practice.

eDiscovery Software Capabilities● Dynamic fact & issue timelining.

● Reports by Deponent, date range, issue.

● Transcript, key document highlighting and annotation.

● Reports for motion preparation.


ECA & Culling


Trial & Appeal

eDiscovery by Case Stage - Depos & Motions


TimelinesPlanning



Trial & Appeal



Transcript Analysis


ECA & Culling


Trial & Appeal



Fact CategorizationPlanning



Trial & Appeal



Trial & Appeal Goals and Software Capabilities

Goals● Maintain access to case documents that

may be brought up by opposing counsel.● Allow rapid timeline updating for live case

testimony.● Maintain case data and documents

throughout the trial and appeal process.

eDiscovery Software Capabilities● Searchable document repository at trial.● Timelines dynamically update with new testimony

or other evidence added.● Documents, facts & issues can be exported for

Trial Director, Verdict and other presentation programs.

● Custodian/key case participant information retained for later conflict checking.


ECA & Culling

Processing Review Production Depos &Motions

Trial & Appeal

eDiscovery by Case Stage - Trial & Appeal


● Technology is the Great Equalizer“Technology is the great equalizer between smaller law firms and large firms. It puts you on a level field with law firms many times your size.”

● Handle More Complex Cases Without Swamping Practice“I can now handle 2 or 3 complex construction litigation cases at one time and it doesn’t take over my practice.”

● Staying CompetitiveA practicing litigator was interviewed and noted that technology in general, and cloud computing in particular, helps a small law firm to stay competitive in today’s constantly changing legal landscape.

Technology Levels the Playing Field

Case Study


Technology Levels the Playing Field● Review More Documents Quickly

“I handle a lot of cases where where many documents are produced. These documents used to fill the room. I can get through thousands or hundreds of thousands of documents quickly and narrow them down to what I really need to look at.”

● On-Demand Access to Cloud eDiscovery Software“Now I buy access to Lexbe on a case-by-case basis.”

● Fewer Associates Needed on Staff“So a process that used to require six associates days to read through the documents can now be accomplished in minutes.”

● Playing Field Levelled with Technology“Because of the Lexbe software, the entire playing field has been leveled for my firm.”

Case Study


● Boutique Law Firms are AscendingBoutique law firms are on the rise, handling larger and more complex cases than ever.

● Lean & MeanTo be ‘Lean & Mean’, a firm should have a robust technology and expert services strategy to expand firm capabilities.

● eDiscovery Software a MusteDiscovery/Litigation Document Management Software is a must to handle modern document-intensive cases.

● Technology Should Leverage Your Firm Technology should allow you to leverage your time, expertise and staff. It should be a practice multiplier to allow you to accept and manage more complex cases better.

Practical Takeaways


● ID Key Custodians Early

● Data Map Your ESI

● ESI Orders/Protocols

● Use Rule 26 Meet and Confers to Advantage

● Preserve, Collect and Request Texting, Messaging and other Non-Email Communications

● Request Native Versions of Documents

● Defensibly Reduce Data After Collection

1 of 3Checklist for Boutique Lawyers


● Match Review Protocol to Case Complexity and Needs

● Consider Cloud-Based eDiscovery/ Document Management/ Review Software

● Supplement Internal Staff as Needed with On-Demand staff

● Use Predictive Coding/TAR when Appropriate

● Consider Managed Review if Issue-Coding is Needed

● Check Software Search Capability

● Know Some Key Statistical Concepts for Production Adequacy



● Know How to Find Holes/Gaps in Productions

● Use NearDupe Groupings to improve Privilege Review, for Hot Docs, and to speed Responsiveness Review

● Review Emails in Threads

● Determine How to handle Foreign Language Documents, including auto-translation software

● Consider How Large Productions will be Delivered

● Keep Fact & Issue Timelines updated

● Keep up with the Latest Technology and Law



The Lexbe SolutionBoutique Firms Want to be ‘Lean and Mean’

● InfrastructureLack of a large firm’s expensive technology infrastructure



● Keeping eDiscovery In-HouseHow to maximize the use of in-house lawyers and paralegals instead of outsourcing to a third party

Challenges of Handling Document Intensive Cases


Lexbe’s End-To-End eDiscovery in the Cloud


● Full-Featured● DIY● Infinitely Scalable● Accessible via a

Web Browser


Lexbe’s Uber IndexChallenges of Handling Document Intensive Cases

● Multi-source concatenated singular index

● Lightning fast● Seamlessly add documents

without re-indexing


Advanced AIChallenges of Handling Document Intensive Cases

● Simple to Use● Neural Networks● Advanced Machine Learning● High Quality Results


Email Thread VisualizationChallenges of Handling Document Intensive Cases


Side by Side Email ComparisonChallenges of Handling Document Intensive Cases



● Industry Leading Security

○ Utilize AI to identify and eliminate threats before they can do harm

○ Multi-Factor authentication○ Passed extensive application

penetration test by IBM in 2019





○ Because your files are stored in the cloud, litigation teams can access them from any internet-capable device. No costly in-house installation of servers and other hardware. No ongoing maintenance of those machines.








○ Lexbe empowers firms without large litigation support departments to instantly increase their discovery and review capacities.

○ Our 24 hour ticket system allows you to submit an IT issue to our support department.

○ Professional Services standing by to assist on a moment’s notice




● Keeping eDiscovery In-HouseHow to maximize the use of in-house resources and not have to outsource to a third party.

○ Lexbe is purpose-built for DIY eDiscovery which enables the efficient utilization of your internal resources.

■ Maintain full control of the case■ Maximize billable hours■ Add top line growth

○ Lexbe Training■ Free user and administrator training■ Free weekly training sessions■ The Paralegal Advantage training session■ Extensive video training library



‘Cost-effective eDiscovery’

“A powerful litigation document management service”

“Because of the Lexbe software, the entire playing field has been leveled for my firm.”

‘Lexbe cost advantages, SaaS convenience and search capabilities appeal to many small firms

“Lexbe is the easiest eDiscovery software I have ever used’

‘Secure, easy-to-use and a great review tool for consideration’

Request a free demonstration today!1-800-401-7809 x22 | [email protected]

Learn More About Lexbe

“We just got back our verdict of nearly $9 million in the case we tried against Greenberg Traurig and Hollingsworth Law Firm (voted #1 complex litigation firm in the world). There is no way our team of 3 lawyers

could have competed with those heavy hitters without LEXBE. Thanks to your team!”


We’ll be making the following available to webinar attendees:

● A recorded streaming version● MP3 podcast● PDF

Please let us know if you have any questions or comments about this webinar or suggestions for future topics. This webinar is part of the Lexbe eDiscovery Webinar Series. For notices of future live and on-Demand webinars as part of this series please email us at [email protected] or Follow us on LinkedIN.

Presenter: Gene [email protected](512) 686-3460

Moderator: Jeff [email protected](512) 653-8295

Webinar Questions: [email protected]

Thank You for Attending

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