P2P

summer23

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1502513

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47 I L T A N E T . O R G strive to keep the team engaged and find opportunities to make the work professionally fulfilling. Regularly soliciting substantive feedback from reviewers, having daily meetings with the team, updating the team on project successes and developments and re-training the team on the technology used are easy ways to keep everyone engaged. This reviewer engagement is particularly important in the China market. Significantly, when planning for review work in China, a review manager must have a thoughtful training plan in place particularly because reviewers in China may have little prior document review experience, may not understand such things as a litigant's discovery obligations and may not have previously used a particular document review platform. There are three core training goals: to provide context and background on the team's role in the engagement (e.g., what is document review, the review workflow and different phases of document review), to inform the team on the substance and objectives of the review and to make the team proficient and efficient in the use of the review platform. Finally, an inescapable reality when managing reviews in China is the large body of data privacy and State Secret laws and regulations that will affect the way data is handled and reviewed. It is not essential for everyone on the team to be an expert in these areas, but the project leads must know and understand the basics, and work collaboratively with local counsel to avoid missteps or violations. Cross-Border Review Teams Due to data privacy considerations, there is often a need in a single matter to maintain separate review teams in multiple jurisdictions, including China. Here, efficiency and coordination is paramount. For large matters with cross-border teams, it is also advisable to have an overall review lead responsible for enforcing review consistency and quality. In addition, the client, counsel, case teams, providers and review management need to closely synchronize to make sure that, among other things, costs are tracked, review instructions are uniformly applied, review workflows and methodologies are consistent and work quality across all jurisdictions are strongly enforced. Moreover, due to time zone differences, all teams will need to be in lockstep to ensure project milestones and deadlines are globally met. Regular coordination calls with the client/counsel, and internal calls with the case team, review manager, and review teams should be scheduled, and action items documented through completion. Lead With Empathy and Inclusivity Regardless of the location of a review, strong people and project management are the basic foundational ingredients for a successful review. Review managers must bring compassion, integrity, understanding and cultural sensitivity to the matter. On Chinese language reviews, it is likely that the review team will include both Mainland Chinese and Taiwanese reviewers. Therefore, when addressing the team, the review manager should be careful to avoid colloquialisms that are understood by only one group. Fostering an environment of positivity, inclusivity and respect goes a long way to contributing to the overall engagement, quality of work and successful completion of the review. ILTA Van Mejia is a Senior Director at FTI Consulting and previously led the FTI Consulting/Acuity document review center in New York City. Mr. Mejia is an attorney with over thirteen years experience managing document reviews for complex and international litigations and investigations.

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