Skilled people have always been crucial to an effective document collection and review. That is still true today; however, the necessary skill sets have evolved over time.
Document collection and review in the paper world provides context for understanding the evolution of the skill sets for today’s discovery practitioners. In the paper era, successful document collections and review were logistical in nature. The required skills included the ability to schedule and interview multiple custodians concurrently. Discovery teams collected documents to remove them for copying or scanning and to properly refile them once they were returned to the custodian.
Over the last five years, technology-leveraged solutions relying on a synergy between man and machine have developed to cope with data expanding at a rate of 100 percent every 18-24 months. Instead of a legion of attorneys, law firms and corporations are turning to advanced project management and smaller teams of highly skilled workers who have the knowledge to fully utilize the advanced technologies in the market.
Judge Andrew J. Peck’s opinion in Da Silva Moore v. Publicis Groupe, F. Supp. 2d _, No. 11-civ-1279 (ALC) (AJP), 2012 WL 607412 (S.D.N.Y. Feb. 24, 2012) paves the way for increased utilization of advanced technologies to augment or replace traditional models of linear review. This provides reviewers the opportunity to work hand-in-hand with the case team to maximize technology in a document review. Reviewers’ skills need to increase proportionally to the sophistication of the technologies that are increasingly being deployed in order to remain a viable candidate in the post Da Silva Moore world.