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Legal Tech: 10 Things I Hate About Your QC Plan
Document review is a crucial aspect of discovery, allowing parties to gather relevant information and evidence to build their case. However, the vast amounts of electronically stored information that needs to be reviewed can be overwhelming and complex, leading to potential errors, inconsistencies and even omissions that could lead to sanctions under Rule 37 of the Federal Rules of Civil Procedure.
To mitigate these risks, it is essential to have a quality control plan to ensure the accuracy and completeness of your review are consistent with the certification requirements of Rule 26(g) of the FRCP. To help make this process smoother, we've compiled a list of 10 common mistakes in poorly designed QC plans along with practical tips for developing your QC plan so you can avoid these pitfalls.
1. Failing to Revisit Your QC Plan
QC should be an iterative process, which is tested and adjusted as the project progresses. Your initial assumptions may not ring true, and it is not a good idea to stick with an original plan when the underlying parameters are different than expected or the review evolves to include different data, custodians or issues. For example, if you notice that a document set contains thousands of blast emails or embedded images that you can eliminate from the QC pool efficiently and effectively, your QC percentage may not need to be as high as originally estimated.
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