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Courtney Writes Discovery Database or Trial Notebook? Dear Courtney, My firm already uses Summation. Why would we need Applied Discovery for electronic discovery projects? Emma N. Los Angeles Dear Emma, The first thing to understand is that case management software such as Summation or Concordance and electronic discovery services such as those offered by Applied Discovery are two different things. Put another way, a trial notebook is not a document warehouse. When you create a Summation or Concordance database, you are generally preparing for a trial. Indeed, Summation and Concordance are great trial support tools—but they are not the logical first step in discovery response. Considering the volume of documents created electronically, you need a way to sort and prioritize documents before allocating further attention and resources to them. Think about what usually goes into preparing documents for a Summation or Concordance database. First, every electronic document is printed. A review team then reads and subjectively "codes" the documents—that is, they categorize and summarize each one. Electronic images of the documents—usually in PDF or TIF format—are then created for viewing. Eventually, the documents are uploaded into a comprehensive database that links pleadings, deposition transcripts, a case chronology, exhibit records, etc. This investment of time, effort, and expense pays off when you need a robust trial support database. The problem is that it doesn't make sense to prepare all documents for trial before attorney review has even begun. It almost certainly means delays and wasted resources, since more than 97 percent of all cases settle before trial. Even worse, attorneys cannot begin document review until the database is ready—a process that can take months. You need to gather, prioritize, review and organize documents long before you need a comprehensive tool that provides a detailed analysis of every document. In fact, only a small subset of the original document set warrants the investment required to upload to a trial support database. Applied Discovery can help you gather, prioritize, review and organize electronic documents. Using our service, attorneys can quickly narrow the entire document set to identify potentially responsive documents, while reserving the remaining universe of documents for further consideration, if necessary. They can then begin the actual review process in a matter of days, quickly find the most important documents, determine what must be produced, and make informed decisions about how best to proceed. Eventually, if necessary, Applied Discovery can export a working set of documents to your Summation or Concordance database. Finding those documents in the first place is much easier when true electronic discovery services are employed. |
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