Best Practices for Legal Document Review
January 13, 2025
Legal Talent Outsourcing
Document Review Best Practices: Review and Refine Processes for Better Results
What Is Legal Document Review?
Until recently, most law firms handled document review in-house as part of their litigation workflows. Today, that model is rarely feasible or cost-effective, especially when legal teams are managing tight deadlines, large volumes of data, and increasingly complex confidentiality demands. Many litigants now rely on specialized, lower-cost resources, such as alternative legal services providers (ALSPs), including Lexitas, to lead or support review projects. In some cases, an ALSP works directly with the law firm. In others, it contracts with the party itself.High-quality legal document review depends on three elements: people, process, and technology. The right combination improves accuracy, reduces risk, and helps control costs. This includes experienced project leads, qualified attorneys to conduct reviews, and workflows that protect privileged and confidential information.
At Lexitas, we also conduct a post-engagement debrief after every project. These internal reviews help refine our documentation review process, identify opportunities for improvement, and capture what works. The best practices outlined below are derived from that work and are designed to help other legal professionals enhance results in future matters.
Core Goals of Legal Document Review Projects
The purpose of any legal document review project is to identify, categorize, and protect critical case information. While each matter is unique, the goals are often consistent—balancing speed, accuracy, and risk management under tight deadlines.Key objectives include:
- Responsiveness: Ensure documents relevant to the case are identified accurately and promptly.
- Privilege Protection: Flag and withhold materials subject to attorney-client or work-product privilege.
- Confidentiality Management: Identify and protect sensitive or regulated information, especially in matters involving intellectual property, internal investigations, or regulatory oversight.
- Defensibility: Build a process that can withstand scrutiny from opposing counsel or the court, including under the Federal Rules of Civil Procedure.
- Consistency and Quality Control: Maintain a clear and repeatable documentation review process across all reviewers and stages of the project.
Best Practices for an Efficient Document Review Process
A consistent and well-structured document review process helps reduce errors, improve speed, and ensure privilege and confidentiality issues are properly addressed. Below are key elements Lexitas prioritizes to deliver reliable results for every review project.Define the Goals Early
Setting clear goals at the outset helps guide every aspect of the review. Legal teams should:- Clarify whether the matter involves commercial litigation, regulatory response, internal investigation, or another use case.
- Confirm the desired level of responsiveness, privilege, and confidentiality review.
- Align early with counsel and stakeholders on how key decisions will be made.
Use Standardized Coding Protocols
Clear coding protocols and case materials reduce miscommunication and keep the team aligned:- Provide coding guidelines for responsiveness, privilege, and confidentiality.
- Ensure the project manager receives these materials before the review starts.
- Allow time to clarify questions and adjust protocols as needed.
Build Multi-Level Review and Quality Control into the Workflow
Many matters benefit from a two-tiered review model:- First-level reviewers assess responsiveness and flag potentially privileged or confidential content.
- A smaller team of experienced attorneys conducts second-level review focused on quality control.
- This structure helps identify coding inconsistencies early and allows time for additional training when needed.
Maintain Access Controls and Database Accuracy
Access issues and mismatched coding platforms can derail an otherwise efficient review:- Verify that the document database is fully functional and matches coding protocols before the review begins.
- Confirm user permissions are correct and that access is restricted appropriately.
Evaluate and Apply Supporting Technology
Technology decisions should be made based on the matter’s size, timeline, and sensitivity:- Review available tools for predictive coding, clustering, or automation.
- Identify whether document review software is appropriate for the project’s scope.
- Choose cloud-based tools carefully, especially for sensitive or regulated data.
Optimize Culling and Privilege Detection
Pre-review filtering can save hours of unnecessary work:- Confirm what culling terms were used to reduce the initial data set.
- Propose additional culling based on case context or emerging issues.
- Pre-load privilege terms into the database to highlight protected material during review.
Plan Document Batching and Workflow Logistics
Review volume alone doesn’t create delays—poor handoff timing does:- Understand when batches will be delivered and how large each one will be.
- Set up workflows that match your team’s pace and scale.
- Build flexibility into the timeline for issues like late productions or re-review.
How People, Process, and Technology Work Together
Successful legal document review requires more than just staffing and software. The best results come from aligning skilled professionals with thoughtful workflows and the right tools for the job. When legal teams balance people, process, and technology, review projects move faster, cost less, and produce cleaner results.- People: A strong team begins with a qualified attorney who understands the case context and privilege issues. Many projects also include experienced project managers to coordinate with outside counsel and ensure quality control.
- Process: Defined workflows help reduce errors, especially when dealing with large volumes of documents and shifting deadlines. Projects that include standardized coding, multi-level review, and built-in training are more likely to succeed.
- Technology: Not every case needs automation, but in high-volume matters, document review software and cloud-based platforms can help streamline tagging, keyword filtering, and analytics. Tools should be selected based on case scope, not trends.
The Role of Legal Talent Outsourcing in Review Projects
Even the best processes and technology fall short without the right team in place. That’s where legal talent outsourcing comes in. For many law firms and corporate legal departments, outsourcing document review to a trusted partner offers the flexibility and scale that internal teams can’t always provide.Lexitas supports legal teams with:
- Experienced attorneys who understand privilege, confidentiality, and responsiveness standards
- Scalable review teams tailored to the size and complexity of each project
- Project managers who serve as a direct liaison between clients and review teams
- Built-in quality control and feedback loops that ensure consistency throughout the review
Learn more about Lexitas Legal Talent Solutions.
A Smarter Approach to Review Starts with Process
Legal document review doesn’t need to be complicated—but it does need to be strategic. When legal teams align the right people, process, and tools, they gain control over outcomes, timelines, and costs. A review that starts strong ends well.At Lexitas, we’ve built our approach through years of refinement and hundreds of successful review projects. Every engagement is an opportunity to improve and to deliver better results for the next matter. If your team needs support, we’re ready to help.
Talk to us about your next review project.
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