Document Review

After research memos, the next, most common thing you'll work on as a new #BigLaw litigation associate is discovery.

This is the process through which the parties exchange information--documents, witness disclosures, depositions, etc.

More likely than not, your first go-around with discovery will be the (sometimes dreaded, sometimes loved):

👀 doc review 👀.

A senior associate will invite you to join a database.

That database will contain thousands of documents.

You'll be tasked with reviewing some of those documents and determining:

🤷‍♀️ Is this document relevant to the claims and defenses in this case?

🤷‍♀️ Is this document privileged?

🤷‍♀️ Does this document require redactions?

🤷‍♀️ Is this email relevant and what about all of the attachments to it (aka the document's "family")?

It sounds simple, but the case's facts typically make it not so easy (and contentious opposing counsel can make it even more difficult).

Oftentimes you'll change your mind about what is relevant once you've got a few hundred documents under your belt.

As with a research project, you'll want to start by building the context for the case. Make sure you find and read:

📄 The complaint.

📄 The answer and affirmative defenses.

📄 The discovery requests.

📄 The discovery responses (particularly the objections and explanations of what, if any, documents your side has stated they will not produce).

Then, the best method (I've found) is to dive in.

Start slow, continuing to build context for what you're looking at, and take notes:

💡 Keep a list of questions that come up.

💡 Identify any themes or patterns you notice.

💡 Make a list of the people that pop up often.

💡 Chart out events you think might be important.

💡 Note how the partner or senior associate wants you to mark documents (responsive, non-responsive, privileged, needing further review, etc.).

💡 Jot down how to mark documents you want to go back and look at again.

💡 Write down on what document you're ending for the day, so you can pick up where you left off.

And then, enjoy it.

Doc reviews provide a unique opportunity for associates to take ownership of the facts of the case.

This is not always glamorous work, but discovery is where associates can really shine and become indispensable on a case.

It's also--selfishly--a steady way to build up some billable hours.

What am I missing here? What doc-review tips do you have?

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