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Reviewing every item of ESI is impractical and in order for lawyers to have the most relevant data to analyse and the least amount that is irrelevant, these items need to be reduced to a manageable amount. Keyword searching enables the quick sifting through of documents and e-mails, reducing large data sets down to only those items that contain the information that is important for the case.
However, despite the best intention of legal teams to create and use keywords, keyword searching is beset with challenges. The great majority of pure ‘search providers’ were never formed with eDisclosure in mind, but rather to provide a simple method for finding a single document or a few documents that match a given search term. This “data retrieval over document retrieval” methodology ignores the unique needs of the legal world – namely, returning all of the relevant documents and finding useful patterns within the evidence that the lawyer might have had no idea even existed.
With this in mind, a critical factor before carrying out this search is to create a keyword list that will produce a good, responsive result set. The importance of creating a productive keyword list, determines how many items are returned that will require manual reviewing. An unsuccessful keyword search will return a large amount of false positives that will be irrelevant to your case. A successful keyword search will reduce the costs to the clients as well as the overall time the job will take to review, in order to track down the relevant items within the case.
Legal teams working within the eDisclosure process can become overburdened by the heavy reliance on keyword search within a compressed timeframe. At the same time many search technology vendors have attempted to enter the eDisclosure market, quickly branding their technologies as solutions for the legal domain but with little understanding of the legal eDiscovery process. The effect has been to do little to help the modern legal team. As specialist in eDisclosure rather than purely keyword search providers, CYFOR’s Litigation and eDisclosure Team delivers knowledge rather than data, and foresight instead of hindsight. CYFOR can also demonstrate how keyword search can be effective if the dataset collection is small, well understood and easy to access, as well as environments that are dynamic, big, and unknown.
Fortunately for the legal teams we work with, CYFOR’s Litigation and eDisclosure Team is dedicated to the legal community and to helping lawyers grappling with the many day-to-day challenges they face. Given our experience in developing keyword strategy, legal teams are able to free themselves up from spending valuable time making decisions about the methods used to identify the documents, to making legal decisions based on those documents.
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