With the growth of information subject to privilege review and the increased role of technology, protecting privileged documents is one of the most critical issues for lawyers and litigation teams. While technology has made document review easier than ever, effectively incorporating privilege considerations into the broader case strategy remains difficult. Knowing how to approach privilege review from both a strategic and tactical perspective is incredibly important and critical to ensuring that ediscovery costs, time, and risks are kept to a minimum.
Kroll Ontrack recently presented a webinar, Power-Up Your Privilege Review: Protecting Privileged Materials in Ediscovery, addressing how to best incorporate privilege into your case strategy. Panelists included:
- Jeff Schomig, Attorney, WilmerHale
- Stuart Altman, Partner, Hogan Lovells
- Joe White, Ediscovery Technologist, KrolLDiscovery
- Sheldon Noel (Moderator), Business Development Manager, KrolLDiscovery
These experts discussed the following intricacies of document review, and how one can—and should—make the most of the Federal Rules and new technologies to perform effective and consistent privilege review.
Embrace Predictive Coding for Privilege Review
Predictive coding can be a litigant’s best friend during a privilege review. With the proper case planning and preparation, predictive coding can help you track down documents that require manual review. Further, predictive coding may even be used to locate and isolate potentially privileged documents in any language. Preventing the disclosure of privilege-protected documents is your first line of defense, and predictive coding is a powerful tool that will help you keep the data that you need to keep.
Consider Clawbacks to Remedy Inadvertent Disclosure
Litigants often fail to fully cooperate in the discovery process, even when cooperation would benefit both sides of a dispute. This is especially true when it comes to privilege review. Far too often, litigants overlook Rule 502(d)—which allows a court to enter a clawback agreement as an order.
Integrate Privilege in Your Case Strategy
In any matter, look at the bigger picture and incorporate strategic considerations into privilege discussions. Litigation teams frequently see the privilege log as a secondary exercise in the discovery process, rather than proactively addressing how they will handle privilege documents. To better prepare yourself for the inevitable privilege issue, download the webinar today!