Contract Attorneys, Document Review

5 Ways All Document Review Projects Are The Same

These are the dependable quirks of contract attorney life that have become the bane of my existence and I am certain other doc review monkeys will recognize the pattern.

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When you’ve been doing anything for a while there are certain patterns that emerge as you start to make sense of the madness. Document review is no different. Sure, as a temporary job your employer changes frequently, but the core of the job at hand remains the same. So it doesn’t matter who the client is, what staffing agency you’re with, or how the project is managed there are some idiosyncrasies to the job that crop up repeatedly. These are the dependable quirks of contract attorney life that have become the bane of my existence and I am certain other doc review monkeys will recognize the pattern.

So what are the ways in which all document review projects are the same?

1. Hand sanitizer is a must

Large document review projects often resemble Ellis Island, with desperate people packed into overcrowded rooms. And as sure as you are that you are not disgusting, you are equally sure everyone else is gross. Because they are strangers. Maybe one or two faces are vaguely familiar from that project two months ago, but really you don’t know them. So it is basically like working 8-12 hours a day on the subway with your hands all over a mouse and keyboard that have seen more action than a stripper pole. Sure, there are plenty of other work environments that might be gross, but at least at a permanent job you have time to build up an immunity to Co-worker X’s kids’ toxic germs. As a contractor you constantly move from job to job getting exposed to all manner of delightful germs along the way.

2. Prolific use of an “Other” tag

It seems no matter how much the client or law firm thinks they understand the substance of the matter before review begins there will be something they’ve not anticipated. Maybe it’s a weekly report that really is relevant but doesn’t fit into any of the existing issue tags, or counsel decides to capture public documents relevant to the litigation. Either way, the catchall issue tag of “Other” is pretty much the default answer whenever an unanticipated question gets asked.

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3. There will be smells

And not of the garden variety. Moldy walls, musty carpets, someone using the communal microwave to cook fish, someone else using their personal supplies drawer as a spice rack, some older lady doused in Eau de Fleur, a bleary eyed dude that reeks of last night’s (at least I hope it isn’t this morning’s) gin — whatever offensive odors you can imagine you will probably experience during your time in document review. The only mildly pleasant smell you are likely to encounter is some artificial deodorizer desperately trying to mask the musk of the room. Perhaps it is the lack of permanence in the job that frees folks from the usual social mores, but whatever the reason your nose is going to pay the price.

4. There is no simple privilege review

As Watson and predictive coding take over more and more of the rote tasks associated with document review, the more nuanced projects (like a privilege review) take on an increased importance in a document reviewer’s repertoire. I’ve been on a ton of these projects and the initial pitch is always more simplistic than the reality. I cringe when outside counsel says they are confident there will be a low rate of privileged documents for a particular custodian, because that means we will inevitably uncover 3 months worth of intense correspondence with in-house counsel on an issue directly related to the instant litigation. Or months into a review when we discover (what we thought was) a third party that would waive privilege is actually a subsidiary that the client wants to claim privilege over. The permutations are endless and always more trouble than your $25/hour.

5. There will be downtime

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Electronic is the e in ediscovery, and there are plenty of issues that arise when you’ve got a room full of lawyers all relying on the machines. I’ve worked on a number of different ediscovery review platforms, and been on projects where the data was hosted by a variety of different vendors and whatever system is in place, it is no Beyonce [read: ***Flawless]. And if there are tech issues, chances are the contractors are the ones getting screwed. Maybe the project manager will tell you to roll the downtime into your review time (which negatively affects your review rate, and quite likely by extension your ability to get hired again). Or if the tech issues are systemic they might send you home early (which means you don’t get paid for the full day). Either way, reviewers are on the bottom of the totem pole and consequently most likely to feel the pinch when tech issues cause the project to come to a screeching halt.

So fellow doc review warriors — what other patterns have you noticed on projects?

Alex Rich is a T14 grad and Biglaw refugee who has worked as a contract attorney for the last 7 years… and counting.  If you have a story about the underbelly of the legal world known as contract work, email Alex at alexrichesq@gmail.com and be sure to follow Alex on Twitter @AlexRichEsq

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