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Effectively Categorizing e-Mails And Attachments

By Peter McLaughlin
March 29, 2006

No one ever promised litigators ' or anyone else ' involved in e-discovery a rose garden. In fact, a venture into document review is usually more than anything a trip into a thicket of procedural thorns.

During an electronic-document review, for instance, attorneys may come across an e-mail message that is responsive to the document request that they received. But here's how one of those many thorns pops out to put a pain in the side of litigators reviewing documents: What if that e-mail has an attachment, and what if the attachment is not responsive? How should the review team code the attachment ' should it be identified and then labeled as responsive or as non-responsive? Should the e-mail message be produced by itself, or should the e-mail and the attachment be produced together?

The thorny e-discovery thicket pricks those probers' forays into the discovery garden, but attorneys needn't get bogged down in a bramble.

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