Is keyword search a filter prefatory to review or a proxy for review? It’s a question you’ll soon face. When counsel hammer out agreed search terms and queries to run against electronically stored information, requesting parties often expect that any responsive item (that is, all "hits") must be produced unless withheld as privileged.
Put another way, requesting parties frequently believe that by agreeing to the use of a set of keywords as a proxy for attorney review, those agreed searches serve as a de facto request for production and define responsiveness per se, requiring production if not privileged.
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