To borrow from Thomas Paine, in the electronic information age, document review “even in its best state, is but a necessary evil; in its worst state, an intolerable one.” The purpose of this article is to take a step back from the swirling complexities of modern litigation discovery and provide an overview of the basics of the document review process.

Attorneys engaging in this time-consuming and costly process, from those reviewing documents to those managing the reviewers, must be equipped with proper training guidelines to ensure that the review proceeds effectively, efficiently, and with maximum accuracy. Such guidelines include the importance of conducting productive custodian interviews, drafting and updating a written document review manual, and implementing quality control mechanisms. While not every document can be deemed responsive with 100 percent accuracy, nor every complex privilege determination discerned on a first-pass review, certain methods can and should be used to aid in a meaningful review process, while also promoting time and cost management.

Document Collection and Custodian Interviews