Originally from Electronic Disclosure in International Arbitration

The review and production phases of an electronic disclosure project are laden with minefields destined to trap unsuspecting counsel. Effective project and time management are among the practical solutions that can significantly impact the outcome of a case and the related expenses. Equally critical is having an understanding of potential traps that can delay the processes and require additional resources.

As with all phases of an electronic disclosure project, the review process is fraught with its own unique set of challenges. At the onset of the review process, the reviewer must take the critical step of selecting a review application. Before making this decision, the reviewer must take many factors into consideration. One of the most important issues is whether the application is web-based or requires a Citrix or terminal service environment.

A web-based review environment allows for a simpler deployment for a company and its outside counsel to engage in a review. The simplicity of this tool is primarily due to the web-based application only requiring the reviewer to have access to an Internet browser to connect to the review application. Because Internet browsers are standard in most operating systems, a web-based review environment typically does not require installing additional third-party software.

When using a Citrix or terminal service environment, inside and outside counsel may have to coordinate with their respective IT departments to facilitate access to the review applications. Such environments use non-standard ports that may require the IT staff to make customized arrangements that enable the network traffic to move outside of the firewall(s). Due to these constraints, most counsel opt to use webbased review applications.

Devising a document review strategy is a crucial element in the review process. The development of such a strategy helps to ensure effective time management, a crucial element to minimizing costs during the review process. At this stage, counsel must determine the most appropriate methodology to assign documents to the review team.