the real cost of privilege review patrick oot, esq. - verizon, director of electronic discovery and...

The Real Cost of Privilege Review

Patrick Oot, Esq. - Verizon, Director of Electronic Discovery and Senior Litigation Counsel

Anne E. Kershaw, Esq. – A. Kershaw PC // Attorneys and Consultants

Copyright 2007 A.Kershaw, PC//Attorneys & Consultants

The Current Privilege Review Model

1st Tier ReviewerContract Attorney $50/hr

2nd Tier ReviewerStaff Attorney $150/hr

Outside Counsel Final Privilege Call

Associate $350/hr


2,403,299 Million Documents

1.3 Terabytes

Documents Were Collected From 83 Employees

In 10 States

Case 1: A Recent Dept. of Justice 2nd Request

Statistics About The Case:


110 Attorneys at Law Firm 2 Conducted Relevance

Review on Remaining, Catching Privilege Key Word

Misses

115 Attorneys at Law Firm 1 Conducted Privilege Review on Documents with Key Words Indicating Privilege

4 Months – 7 day weeks - 16 Hour Days

Case 1: A Recent Dept. of Justice 2nd Request

Statistics About The Case:


Cost Of Privilege Review

First Tier Review of Documents with Key Word Hits Indicating Privilege

$2,295,144


Cost Of Privilege Review

Law Firm Billable Hours for Final Privilege Calls and Preparing the Privilege Log

$5,480,854


Final Expense Of Privilege Review at Law Firm 1

$5,480,854Outside Counsel

1st Tier Review $2,295,144.21

$7,775,998.21


Final Expense of Relevance Review at Law Firm 2

$4,074,634.40Outside Counsel

1st Tier Review $1,748,240.00

$5,822,874.4


The Cost of Protecting Privilege Without FRE 502

$7,775,998.21Law Firm 1

Law Firm 2 $5,822,874.40

$13,598,872.61


Why Do We Use This Expensive Process

Concerns of Privilege Waiver:

Subject Matter Waiver

Inadvertent Disclosure

Ineffective

502(a)

502(b)

502(d)(e)

= Limited

≠ Waiver

Claw Back AgreementsEffective


© 2006 DOAR Privileged and Confidential © 2006 DOAR Privileged and Confidential

Proposed FRE 502

State and Federal


Proposed FRE 502

Limited Subject Matter

Inadvertent Disclosure ≠ Waiver if you Take Reasonable Precautions

Effective Claw Back Agreements

502(a)

502(b)

502(d)(e)

To Realize these Benefits, FRE 502 Must be

Applicable in Both State And Federal Proceedings


Interview Verizon Attorneys to Determine Domain Names of the Law Firms

Reasonable Precautions and Cost Saving Strategies

Electronically Identify and Remove all Email Sent to and from a Law Firm

Presume and Hold for Later Review

Option 1

Quick Peek: Active and/or Inactive

Option 3

Divide Between Active and Inactive Matters

Option 2

Active: Privilege LogInactive: Keyword Search


Started with searching for “(brobeck and “electronic documents”)”


You can quickly see the first document pertains to document review regarding the litigation


You can see the entire document here.


Use “SHOW SIMILAR” function to identify all other documents regarding same concept.


“SHOW SIMILAR” identifies all other documents regarding same concept.


A Related Document That Was Identified By The System(5th One on List – Subject: “Status report on Document identification…”)


Reasonable Precautions and Cost Saving Strategies

Proposed FRE 502 Provides Limitations and Protections That Will Allow us to Negotiate Reasonable, Less Expensive, and Less Time

Consuming Review Processes


Reasonable Precautions And Cost Saving Strategies

Months

Weeks

vs.


Reasonable Precautions And Cost Saving Strategies

$13,598,872.61

Federal Rule of Evidence 502

vs.

the real cost of privilege review patrick oot, esq. - verizon, director of electronic discovery and...

Documents

conducted privilege

hr slide

federal slide

counsel final privilege

confidential copyright

current privilege review

tier review of documents

kershaw pc attorneys