Part of me can’t help but wonder how much training the attorneys at this firm attended, or if they were “too busy” to be bothered with learning how the eDiscovery review platform worked, or what the scope of work agreement with the vendor actually was?
The event highlights the increasing risks of relying on unfamiliar e-discovery technology—and the potential liability exposure to lawyers.
“Unbeknownst to me, the view I was using to conduct the review has a set limit of documents that it showed at one time,” said Wells Fargo’s attorney, Angela Turiano, a New York-based principal at Bressler, Amery & Ross, in an affidavit. “I thought I was reviewing a complete set, when in fact, I only reviewed the first thousand documents.”
Lawyers, talk to your eDiscovery techs and vendors. Make sure you understand what is happening, and that you double check everything. You don’t want to be the next one being quoted in an article like this.