P2P

32 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 2 2 Also consider the size, complexity, and frequency of matters the organization expects when deciding whether the proposed providers would make a successful partner. Finally, choosing separate partners for the review and technology functions can ensure that each is purely focused on their particular roles and responsibilities. This bifurcated approach to review and technology also ensures that there are checks and balances in place, with each partner bringing their particular strengths to the table and reporting them to the internal eDiscovery team. Step 3: Establish eDiscovery Guidelines The third step is to develop guidelines for each dedicated stakeholder in the program. Consider these guidelines as playbooks that lay out, step-by-step, the responsibilities of and standards for not only the review provider and technology provider, but crucially, outside counsel and the internal team. This should cover not only the lifecycle of a matter, but also overall data and relationship management that continues across matters and informs improvement of the program over time. This is an iterative process that should be adjusted as and when opportunities for improvement come to light. Any changes to the guidelines should be approved by all stakeholders before implementation to ensure that everyone in the program is rowing in the same direction. Step 4: Develop Standardized Workflows, Protocols and Templates Based on these guidelines, the next step is to create standardized workflows, protocols, and templates for use across all matters. It is hard to over-estimate the benefits that are gained when this step is fully executed. This ensures continuity of approach across the program, even where outside counsel changes from matter to matter. It also reduces the risk inherent with an ad hoc approach to many of these tasks. Here are just a few examples: • Outside Counsel, Review Partner, and Technology Partner Guidelines including Conflicts Check Templates; Project Initiation Templates; Reporting Templates • Review Partner Specific Guidelines: Document Review Protocol Template (with standardized privilege instructions); Review Workflows including quality control and privilege logging protocols • Technology Partner Specific Guidelines: Collection Workflows; Document Production Standards While adjustments must be made to account for the particularities of an organization or the matter at hand, these standardized tools will increase efficiency and reduce risk. Step 5: Evaluate/Implement Technology Another step to building a modern eDiscovery program is to evaluate and implement technologies that increase efficiency in various areas, but particularly in review. Not all technological advances are necessarily beneficial to an organization. The team should undertake a thorough evaluation of the benefits and costs of technology solutions to determine what is best for the organization. This is where your dedicated technology and review partners can spearhead the initiative to leverage technology and make recommendations to the organization based on the organization's data and needs. Below are a couple of examples of technology solutions that have made drastic improvements recently: F E A T U R E S

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