Step-by-Step Guide to Creating and QCing a Production Folder in ESI Protocol
Learn how to create a production folder, apply filters, and ensure consistent coding for responsive and non-privileged documents in ESI protocol.
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Production Folder for Ediscovery - Ediscovery Production Series (Part 2)
Added on 09/08/2024
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Speaker 1: Let's go ahead and start off with creating our production folder. And so we're going to go ahead to the review tab. We're going to assume that we have completed our review of this database, and we are now ready to produce. And what we're going to do is go ahead. I know that I say I don't really like using filters. I like using searches. But when it's quick wins where like you don't have to add anything additional or like mold the search from there, we can do a quick win by saying let me filter for documents that are responsive and not privileged. And then you go ahead and run that filter. We noticed that the search bar is no longer there for us to edit that search because it's just a filter. But these 188 documents should be, and granted, this is probably much smaller than the production that you guys will be producing in the future. But just for the purposes of training, not as many documents. But we would say let's take these 188 documents that are responsive and not privileged and let's tag them to a new folder. So we're going to create a new folder. Let's call it production. What's today? I like I like dating my productions 120 22. So I'm gonna go ahead and create that production folder. And I want to bring in any email families. So what I want to point you out here to, I know that we've touched on the apply updates related documents and the choose order, but I want to talk about the importance of it for this specific purpose of this production. So although we've already identified the documents that we have produced or that we have identified for production being responsive and not privileged information, we might have gone through that process and in inconsistently coded documents along the way. What I mean by that is most ESI protocols state that if one document in a family is considered to be responsive, then that entire email family should be grouped together and considered responsive. And so in a perfect world, if we had gone through the review process, we would see, oh, we did everything perfectly right. We did it all right the first time. And we're only going to see these 188 documents go through. But if a document where it was an attachment or a parent email or something like that that's associated with those documents was inconsistently coded, if I click on this email family, it's going to pull in that document as well as part of the production so that we can QC to make sure, okay, did we make a mistake in marking the half of this? Is this all supposed to be responsive or is none of it supposed to be responsive? And so you either include more in your production or you remove something from your production. And the choosing order, I'm going to group these by date and family because this is how they are going to be ordered for that Bates production, for that Bates numbering process. Just generally, the industry standard is to group them by their date in chronological order and then grouping those families together as well. So we can go ahead and hit update. And we can see that it goes from those 188 documents to 192. And I knew that there were going to be some mistakes or inconsistent coding because I purposefully made them for the sake of this training so that we would have something to QC. So let's go back to the review, go see our recently created folder. There it is, our production 120.22, and at this point, we can see that 100 percent of the documents in here have been coded for relevancy and coded for privilege, and that looks good. We should be ready to go. But we want to make sure that those four documents, we should see that there's four documents. Oh, two have been marked as non-responsive. We've got two that have been marked as privileged. So that's probably something we need to look at. So instead of looking through all the documents, we're just going to look at those two documents that are marked not responsive and see why. So here is that search syntax saying we're looking within our production folder at documents that are non-responsive. And if I click into this Word document, I can see that the discovery fields for this non-responsive, not privileged, whereas the parent. Is responsive and not privileged, and so the parent was a part of that original production folder that we were creating, and it dragged this document in because for some reason we had coded these documents, this document family inconsistently. And so let me go ahead and look and review these documents to say, OK, where did I make the mistake? Should this document be responsive? And should both of these documents be responsive or should neither of them be responsive? And let's go ahead and say we reviewed both of these and said, oh, the mistake was that somebody, for whatever reason, marked this document non-responsive, even though this document, the parent is responsive. And so according to our ESI protocol, we should be producing both of these. So what I'm going to do is what I probably should have done while reviewing initially is review this as a family and then go ahead and say that these documents are. Responsive, not privileged and hit safe. And so it's updating both of those documents at the same time, and then I can work my way through to the next document in our search syntax, that second document, which again, this one is actually a parent email as opposed to one of the attachments. And so in this case, the parent email is has two attachments, Gas Daily and Power Daily. PDFs, whereas both of these documents are. This one is marked as responsive. This one is marked as responsive, so both of the attachments are responsive, but the parent email was inconsistently coded and said that this was non-responsive. So maybe just for the purposes of this training, we say, actually, this is no longer like this. None of this is actually responsive. This was inconsistently coded. This was not supposed to be responsive. And so we have to go ahead and say, let's bulk code the entire family. And say that it's non-responsive, not privileged, and then hit safe. And it's going to update those three documents. And then we've gone through all of those documents, and so when we return to our document list. Or just, we know in one fail swoop, we could select these ones we know and say, let's remove them via bulk action from our production folder. And this is kind of this is just good habit for me, I like removing them entirely as a family, but that's essentially what we're doing here. So it's kind of a moot point, but it's just building muscle memory. And then you go ahead and hit update. And so it should remove those documents, and this search syntax now shows that there are no documents that fit this. When I return to my review status, I should see that we have 189 documents in here. And all of them are responsive. So that looks good to go. And then we just repeat the same process for privileged. Let's look at those documents that are privileged. Click into them and review them. This is a parent email that's been marked as privileged, whereas the Excel attachment is marked as not privileged. We figure out, OK, what should we be doing here? Should these documents both be privileged, neither of them be privileged? We go ahead and say select this whole family. And actually, the mistake we made was that the parent email is not privileged. So we're going to bulk code and say neither of these documents are privileged and therefore should remain in our production. So again, if I quickly go back to the search syntax, now we only have one document that matches this. And so then we go ahead and look at see that this document is privileged as well. But this document's not privileged, this document's not privileged. The parent document is not privileged. And so in all likelihood, maybe somebody just made a mistake one time going through here. We'll go ahead and do the same thing, select this entire family and then say that it's not privileged. Editing four documents, four documents selected. When you hit save, updates those four documents. And. We're good to go. So when I go back, we still have 189 documents, 100 percent of which are responsive, 100 percent of which are not privileged. So we've gone through our QC process to make sure that we are what we're producing is, in fact, what we want to be producing and nothing in there is non-responsive, nothing in there is privileged and everything is coded consistently and up to standards with our ESI protocol.

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