In my new guest post for Everlaw, Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI, I analyze the case of Bird v. Wells Fargo Bank, 2017 U.S. Dist. LEXIS 49675 (E.D. Cal. March 31, 2017) and discuss best practices for document review.
Many attorneys put off document review for a variety of reasons, whether it is to try to settle the case before incurring costs for discovery, or because they do not realize the time it will take to respond to discovery.
In Bird v Wells Fargo, the Defendant’s attorney represented to the Plaintiff:
It would take 6-8 weeks for it to collect the requested ESI, which did not include reviewing the data for privilege, privacy, or confidentiality;
Defendants reserved the right to “shift all fees and costs incurred in the collection, review, and production of ESI to Plaintiff and Plaintiff’s counsel.”
Bird, at *7-8.
There were many issues with the Defendants’ arguments on cost shifting. For my full analysis, please check out the Everlaw Blog.