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Don’t Merely Review Documents; Understand Them

Written by DISCO

Three questions mass tort and class actions teams should ask when reviewing a defendant’s productions.

Though “document review” is often talked about as a singular process, there is a huge difference between being on the producing end and on the receiving end. Reviewing documents to produce and wading through a sea of documents from a defendant to build a cohesive story require completely different strategies and considerations. Here, we will discuss three questions our mass tort and class action clients must ask themselves when reviewing a production to ensure they have what they need to successfully build a case. 

The receiving party approaches the documents with a different goal in mind than the producing party, who is more concerned with following the obligations imposed by the Rules of Civil Procedure. The receiving party needs to separate the good documents from the marginally relevant documents from the obviously worthless documents. This goal requires the mindset of an investigator charged with the task of understanding what opposing counsel has delivered to you. The investigator must be able to detect the faintest signal submerged in a sea of white noise.

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