Table Of ContentProject Management in Electronic
Discovery
An Introduction to Core Principles of Legal Project Management and
Leadership In eDiscovery
Michael I. Quartararo
PROJECT MANAGEMENT IN ELECTRONIC DISCOVERY:
An Introduction to Core Principles of Legal Project Management and Leadership in
eDiscovery
Copyright © 2016 by Michael I. Quartararo
Published by Michael Quartararo and eDiscoveryPM.com
Edited by Tiffany Bottolfson
https://clarifiedit.wordpress.com/
Original cover design by Roberto Jimenez
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted by any means – electronic, mechanical, photographic, recording, or
otherwise – without prior permission in writing from the author.
The views and opinions expressed here, as well as the use of specified policies or practices
outlined in this book, are those of the author alone and do not necessarily reflect the views of
Stroock & Stroock & Lavan LLP, its personnel, its clients, or any of their affiliates. This book
is for general information purposes only, and its contents are not intended to be nor should they
be taken to be or interpreted as legal advice.
ISBN: 978-0-9970737-1-3
Learn more at: www.ediscoverypm.com
This cuneiform is the earliest known written form of the words “liberty” or “freedom.” Found
inscribed in clay in the Sumerian city of Lagash circa 2300 B.C., it represents here the author
and publisher’s strong personal belief in the fundamental human right of freedom of expression.
Table of Contents
Cover Page
FOREWORD
ACKNOWLEDGMENTS
PREFACE
INTRODUCTION
CHAPTER ONE: The Legal Process: Understanding the Body of Work in the Legal
Industry
Understanding the Phases of the Legal Process
Law Firm and Legal Department Structure
Challenge to the Law Firm Business Model
Conclusion
CHAPTER TWO: The Discovery Process: Narrowing the Issues, Avoiding Surprise and
Uncovering the Truth
What Is Discovery?
Technology Transforms Discovery
The Electronic Discovery Reference Model
Conclusion
CHAPTER THREE: The Fundamentals of Traditional Project Management
What is Project Management?
Who is a Project Manager?
Project Management Roles and Responsibilities
Organizational and Environmental Factors
Conclusion
CHAPTER FOUR: The Project Management Lifecycle
Project Management Process Groups
Project Management Knowledge Areas
Initiating: The Project Charter and Stakeholder Identification
Planning: The Project Management Plan
Executing: Directing and Managing Project Work
Monitoring & Controlling: Analysis and Verification of Project Work
Closing: Documenting and Learning from a Project
Conclusion
CHAPTER FIVE: Preparing for the Discovery Process
Applicable Federal, State, and Local Rules
The Scope and Limits of Discovery
Planning for the Discovery Meet and Confer
Certification of Discovery Requests and Responses
Rule 37 and Discovery Sanctions
Forms of Production
Inadvertent Production, Waiver and Claw-back Provisions
Cost Expectations in Electronic Discovery
Conclusion
CHAPTER SIX: Information Governance: The Foundation of Legal Discovery Projects
Information Governance Meets eDiscovery
Understanding Records and Information Management
Components of an Information Management Policy
Understanding a Client’s RIM Policies and Technology Infrastructure
Conclusion
CHAPTER SEVEN: Identification and Preservation of Electronically Stored Information
Project Planning in the Identification and Preservation Stage
Identifying Documents and ESI
Implementing a Litigation Hold
Preserving Documents and ESI
Interviewing Potential Custodians
Reasonably Accessible Data
Documenting and Monitoring the Litigation Hold
Conclusion
CHAPTER EIGHT: Collection of Electronically Stored Information
Planning the Collection
Collecting ESI
Documenting the Collection of ESI
Conclusion
CHAPTER NINE: Processing Electronically Stored Information
Processing to Reduce the Volume of Documents
Processing to Facilitate Efficient Document Review
Developing an ESI Processing Plan
Format of the Deliverable
Analysis and Reporting
Creating and Maintaining a Document Review Database
Conclusion
CHAPTER TEN: Document Review
Roles and Responsibilities
Defining the Scope of the Review
The Mechanics of Document Review
Technology-Assisted Review
Contract Attorneys and Document Review
Review of Privileged and Work-Product Documents
Conclusion
CHAPTER ELEVEN: Document Production
Planning a Document Production
Forms of Production
Producing Metadata and Searchable Text
Quality Checking a Document Production
Maintaining a Production Log
Productions from Other Parties
Conclusion
CHAPTER TWELVE: Presentation of Electronic Documents
A Brief History of the Use of Technology in Trials
Modern Trial Preparation
Trial Presentation Applications
Trial Equipment
Conclusion
CONCLUSION
APPENDIX A: Project Management Process Groups and Sample Project Management
Forms
A.1 Project Management Process Groups and Knowledge Areas
A.2 Sample Project Charter
A.3 Sample Project Management Plan
APPENDIX B: Federal Rules of Civil Procedure and Rule 502 of the Federal Rules of
Evidence
B.1 Federal Rules of Civil Procedure, Rule 1, 16, 26, 30-31, 33-34,-36-37
B.2 Federal Rules of Evidence Rule 502 (as amended in 2008)
APPENDIX C: Sample E-Discovery Forms
C.1 Sample Proposed Discovery Plan
C.2 Sample IT Infrastructure Questionnaire
C.3 Sample Custodian Interview Form
C.4 Sample Collection Specification
C.5 Sample Collection Log
C.6 Sample Chain of Custody Form
C.7 Sample Processing Specification
C.8 Sample Document Review Protocol
C.9 Sample Production Specification
GLOSSARY
ABOUT THE AUTHOR
Foreword
P roject Management in Electronic Discovery is a prescription and cure for our
fragmented and often dysfunctional electronic discovery industry and practice. E-
discovery practices are dominated by roles and paradigms inherited from over 75
years of earlier paper-based document discovery. Electronic discovery arrived in
2000, but without a concomitant fundamental practice change at law firms. Attorneys continued
to use the same forms, review paper documents, and engage in “take-no-prisoners” combative
behavior. Paralegals continued to organize paper documents to prepare attorneys for hearings,
depositions, and trial. Litigation support professionals continued to prepare paper exhibits and
trial boards. The habitual law firm roles persisted. The result was nearly catastrophic. The
number of e-discovery sanctions cases rose in tandem with escalating costs and inefficiencies
while the cause of justice suffered.
Project Management in Electronic Discovery offers an obvious but revolutionary cure:
Integrate the roles of the various professionals in law firms and legal departments. Project
Management in Electronic Discovery blends the distinct, and traditionally separate, domains
within law firms and legal departments into a seamless web that transforms electronic
discovery into a collaborative activity of mutually supporting skills based on a shared mission.
Project Management in Electronic Discovery applies the established principles of project
management to each phase of e-discovery, blending the roles of attorney, paralegal, and project
manager into a complementary collaboration. Each professional has a role, but these roles must
function together. Project Management in Electronic Discovery shows us how. It is a
critically important book for attorneys, paralegals, litigation support technicians, and their
project managers.
Project Management in Electronic Discovery is not an abstract study about stakeholders,
dependencies, planning, and verifying. Rather, it is a practice manual that concretely applies
project management principles to each phase illustrated in the Electronic Discovery Reference
Model. The book does not pull any punches nor conceal any secrets. It simply clearly and
concisely shows how we can competently practice e-discovery together.
Project Management in Electronic Discovery is optimally organized. The initial chapters
articulate the foundations of the modern law firm, the basic principles of project management,
and the litigation process with ease and insight. The following chapters then address in turn
each phase of an e-discovery project. Project Management in Electronic Discovery is best
read in sequence, but each chapter can be read when needed. It is a book not to be read and
then put aside; it is an everyday –indeed every hour—practice companion. As a special bonus,
each chapter ends with a chart and checklist distilling the chapter’s e-discovery project
management issues, options, decisions and best practices.
Project Management in Electronic Discovery will change the practice of electronic
discovery. It contains a flowing abundance of wisdom, excitement, and a love of electronic
discovery. If we do it right, electronic discovery will become the real locus and focus of truth
seeking in the litigation process. Project Management in Electronic Discovery teaches us
how.
