Why Lawyers Should Test Search Terms Before Agreeing Them
SEARCHTERMTESTING · A GUIDE FOR UK LAWYERS Why Lawyers Should Test Search Terms Before Agreeing Them Hit Counts, Sampling and the Two Hours That Save Six Figures COMPUTER FORENSICS LAB
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM
§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: signing a list you have never run 03 The measurements: hit counts, precision, overlap and nulls 04 Sampling that stands up: method, size and reading results 05 Elusion: testing what the terms leave behind 06 Using the numbers: refinement and the PD 57AD negotiation 07 Auditing the other side's terms 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: NEVERAGREEATERMYOUHAVENOTRUN: TESTINGTURNS SEARCHNEGOTIATIONFROMADJECTIVESINTOARITHMETIC
§ 02 · FIRST PRINCIPLES The problem in plain English: signing a list you have never run
§ 03 · THEDASHBOARD The measurements: hit counts, precision, overlap and nulls
§ 04 · THE SAMPLE Sampling that stands up: method, size and reading results
§ 05 · THELEFTOVERS Elusion: testing what the terms leave behind
§ 06 · CASHINGTHENUMBERS Using the numbers: refinement and the PD 57AD negotiation
§ 07 · THEIR LIST, YOURSCRUTINY Auditing the other side's terms
§ 08 · THEWIDERMAP Source architecture: where else the evidence lives TEST SIGNAL LAYER TERM- RESPONSE TEXT-REPAIR SCOPE STRUCTURED / PROTOCOL NET LAYER LAYER ANALY TIC LAYER FILE EFFECT
§ 09 · IN THE WILD Worked examples EXAMPLE1 · THETHURSDAYTESTTHATREWROTETHEFRIDAYLETTER EXAMPLE2 · THEELUSIONSAMPLETHATREOPENEDSCOPE EXAMPLE3 · THEENGINEEREDLIST, MEASUREDANDRETURNED
§ 10 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 11 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your e Discovery / forensic provider SUGGESTED WORDING · TESTING PA R AG RAPHFORTHEDRD / SEARCH PROTOCOL
§ 12 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The testing checklist Red flags When to involve a digital forensic expert
§ 13 · COMMON QUESTIONS Frequently asked questions How long does proper term testing actually take? Can we test before the DRD is agreed: is that allowed? What is a "good" precision figure for a search term? Do we have to disclose our test results to the other side? Our elusion sample found responsive documents. Is the search in defensible? The other side refuses to test and insists on their list. Now what?
§ 14 · REFERENCE Glossary Sources and authoritative references DISCLAIMER
§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, Why Lawyers Should Test Search Terms Before Agreeing Them, Computer Forensics Lab, https://e-discovery.uk/library/why-lawyers-should-test-search-terms-before-agreeing-them/pdf.