Protect Privilege During eDiscovery

The need to protect privilege is paramount in eDiscovery. eDiscovery solutions must provide the tools to tag documents consistently and ensure accurate document productions.


The new Federal Rules of Civil Procedure “electronic discovery” amendments only serve to underscore the importance of identifying and consistently tagging all privileged documents. While the new Rule 26(b)(5) provides a framework for notification, sequestering and return of inadvertently produced privileged documents, it does not alter the substantive evidentiary or ethical rules. In some jurisdictions inadvertent production can be deemed to be an absolute waiver. Even in the majority, “middle ground” waiver test jurisdictions, the reasonableness of the steps taken to avoid waiver, such as the use of an advanced electronic discovery system, could make the difference between the court finding waiver or not.

The Stratify Legal Discovery™ service was designed to fulfill these requirements as the most easy-to-use, efficient eDiscovery solution available to law firms and corporate counsel. The service enhances the quality of your review at the same time it improves your review speed.

Better tagging when documents are grouped together for review. Lawyers using traditional, search-based approaches are forced to shift gears to try to understand documents on a wide range of topics. According to one recent study, lawyers miss as many relevant documents as they find using this tired and inefficient approach. Concept organization enables more accurate and consistent document tagging because attorneys can review identical, nearly identical, and related documents together.
Learn how to meet the challenge of protecting privilege.

Secure tagging protocols. Administrators need the ability to create hierarchical tag sets and create exclusion rules between various tags. At the same time they need to be able to set-up the eDiscovery application so that tagged documents and near-duplicates are secured from possible re-tagging from other reviewers.
Discover an easy and secure way to tag documents.

Spot incorrect tags before production. Large-scale, complex reviews often involve a substantial number of reviewers who tag documents using a complex set of tags. Attorneys and case administrators need a clear, easy method to identify documents for a production set. Even more importantly they need an ability to test and verify the accuracy of the production set, especially as it pertains to privilege. Administrators must be able to identify and fix incorrect production requests. Any document tagged “privileged” yet requested for production must be flagged, so as to provide protection against inadvertent production and possible waiver.
Find out how to avoid inadvertent production.

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