Questions about the data
What data sources are in scope, and have they all been identified? How will mobile and collaboration-platform data be handled? How will the integrity and completeness of the data be assured? Clear answers here set the foundation for everything that follows.
Questions about processing and review
How will the data be processed — deduplication, date and keyword filtering, document-family handling? How will chat and short-message data be made reviewable? How will the review be organised so it stays proportionate? These determine how efficient and reliable the review will be.
Questions about defensibility and deliverables
How will defensibility and chain of custody be maintained, and what records will be produced? What will the final deliverables look like, and in what format? Can the provider explain the process clearly to the court or a regulator if needed? Settling these in advance avoids surprises at the end.
Key takeaways
- Confirm all data sources are identified before review begins.
- Understand how data will be processed and made reviewable.
- Agree how defensibility and chain of custody will be maintained.
- Clarify deliverables, formats and the ability to explain the process.
Frequently asked questions
Why ask these questions up front?
Because most review problems come from decisions made — or missed — at the start. Clear answers early prevent costly issues later.
What deliverables should we expect?
That depends on the matter, but it should be agreed in advance, including formats and any reporting on process and defensibility.
Should the provider be able to explain its method?
Yes. A provider should be able to explain its process clearly to the legal team and, if required, to a court or regulator.
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