Why Lawyers Should Test Search Terms Before Agreeing Them

SEARCHTERMTESTING · AGUIDEFORUKLAWYERS Why Lawyers Should Test Search Terms Before Agreeing Them Hit Counts, Sampling and the Two Hours That Save Six Figures COMPUTERFORENSICSLAB § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM § 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 § 0 1 · ORIENTATION Executive summary THEHEADLINEPOINT : NEVERAGREEATERMYOUHAVENOTRUN : TESTINGTURNS SEARCHNEGOTIATIONFROMADJECTIVESINTOARITHMETIC § 0 2 · FIRSTPRINCIPLES The problem in plain English: signing a list you have never run § 0 3 · THEDASHBOARD The measurements: hit counts, precision, overlap and nulls § 0 4 · THESAMPLE Sampling that stands up: method, size and reading results § 0 5 · THELEFTOVERS Elusion: testing what the terms leave behind § 0 6 · CASHINGTHENUMBERS Using the numbers: refinement and the PD 57AD negotiation § 0 7 · THEIRLIST , YOURSCRUTINY Auditing the other side's terms § 0 8 · 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 § 0 9 · INTHEWILD Worked examples EXAMPLE1 · THETHURSDAYTESTTHATREWROTETHEFRIDAYLETTER EXAMPLE2 · THEELUSIONSAMPLETHATREOPENEDSCOPE EXAMPLE3 · THEENGINEEREDLIST , MEASUREDANDRETURNED § 1 0 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations § 1 1 · INTERROGATORIES & DRAFTINGAIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your eDiscovery / forensic provider SUGGESTEDWORDING · TESTING PA R AG RAPHFORTHEDRD / SEARCHPROTOCOL § 1 2 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The testing checklist Red flags When to involve a digital forensic expert § 1 3 · COMMONQUESTIONS 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 indefensible? The other side refuses to test and insists on their list. Now what? § 1 4 · REFERENCE Glossary Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY