Any casual reader of legal blogs and other news sources is aware of the many discussions, decisions, warnings and products that are addressing the brave new world of electronic document review. I used to ignore it all because I thought it was only relevant to big firms, mega cases, and document-heavy litigation such as class actions, patent and trademark litigation and other matters where kernels of evidence are to be found (or hidden) in great masses of irrelevant data. But now I am beginning to think that all of this stuff is relevant to the small practitioner as well as the large firms.
For years there has been an interesting niche industry in document review. Every Sunday’s New York Times has ads seeking lawyers to join enterprises devoted to sifting through huge amount of documents. I knew some law students and lawyers who did this work and enjoyed it. One would work a few months of 20-hour days on a big project and then go surfing for a few months. Another found that he liked the quiet and routine of the cubicle, reviewing screen after screen of dreck in the hopes of finding the occasional smoking gun.
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