Document Review

Litigators can fall victim to their own imaginations. It’s really built into the system when they’re encouraged to write their exhaustive wishlists during discovery and fill their own dreams with visions of terabytes of entirely incriminating evidence. When discovery inevitably fails to live up to those dreams, litigators have to make a decision between accepting disappointment or accusing the other side of wrongdoing for failing to fulfill those sugarplum visions. Litigators are basically Captain Hindsight, constantly shocked — SHOCKED — that no one understood years ago how important something would be to a case today.

Kirkland & Ellis chose the latter, writing counsel for a non-party — yes, a non-party — suggesting that he was withholding evidence because he hadn’t kept every single email they thought he might have from four years — yep, four years — earlier.

And then this guy’s lawyer went brutally funny on them….

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Puff, puff, pass those voter initiatives.

* This failed firm’s drama is the Biglaw gift that keeps on giving: Dewey & LeBoeuf’s bankruptcy trustee filed an amended complaint against Steve DiCarmine and Joel Sanders seeking the return of more than $21.8 million. [WSJ Law Blog]

* Norton Rose Fulbright elected someone who “love, love, love[s] the law firm” as U.S. managing partner, and she’s the first woman to ever serve as U.S. chair of its management committee. We love, love, love this news! [National Law Journal]

* According to a California judge, tenure laws are unconstitutional and are depriving students of the high quality of education they deserve. The end is nigh, law professors. Enjoy it while it lasts. [New York Times]

* Not all states have legalized the recreational use of marijuana, but it’d be a lot cooler if they did. The tide is turning across the United States, and we’ll soon see which states’ drug laws go up in smoke. [Slate]

* “Document review attorneys are in demand now but the demand will gradually decrease.” Sorry to be the bearer of bad news, but the one job you were able to get soon won’t need or want you. [InsideCounsel]

Sometimes I wonder if I have been giving the document review world a bad reputation, or at least a one-sided one. Sure, I have written about the gloom and desperation of document review, but, in reality e-discovery is more complex than that. Full-time work isn’t the chimera it once seemed, there is a growing market for full-time employment in the document review space, whether it’s working at a law firm as a discovery attorney, working for a vendor as a project manager or doing any one of the multitude of jobs rolled into the title of “staff attorney.”

The opportunities are definitely out there, the question is, should you take the job?

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I often feel like the old guy at the end of the bar regaling his whiskey glass with tales of the old days. But the reality is the business of document review is changing fast. The first step was taking the reviews that used to be done by associates for hundreds of dollars an hour and making them the near exclusive purview of contract attorneys. Even then you’d see contract attorneys under the same roof as the associates and there was a sense of hands-on monitoring as the attorneys working on the case would have interactions with the poor plebes reviewing their documents. But those days are waning.

Much like InfiLaw’s takeover of law schools, big business is taking over doc review….

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From the Southern District of New York there is an update in William Henig’s overtime lawsuit against Quinn Emanuel. For those of you that haven’t been following this case closely, Henig is the contract attorney-cum-plaintiff suing Quinn for overtime under the Fair Labor Standards Act and New York State law claiming the document review work he was hired to perform does not amount to the practice of law. It seems the discovery dispute between the parties has finally been resolved, but not before some good, old-fashioned litigation name calling.

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Oscar Pistorius

* Lawyers for Jones Day got a light spanking in court after sending out some of Detroit’s confidential negotiation documents to its creditors. Quick, blame the doc reviewers. Oh wait, you already did. Nice work. [WSJ Law Blog]

* Cynthia Brim, the judge declared “legally insane” who collected a $182K salary for months without working, was booted from the Illinois bench. She’s the first member of the state judiciary to be removed in a decade. [Chicago Tribune]

* Massachusetts is instituting a $30,000 pay hike for state judges which will prime the pump for pension bumps and retirements. For the love of God, think of the poor ADAs next time, Massholes. [Boston Globe]

* The power of diagramming compels you! If you’re studying for the LSAT, here are tricks you can use when trying to exorcise the demons from the logic games section. [Law Admissions Lowdown / U.S. News]

* Prosecutors want Oscar Pistorius to undergo a psychiatric evaluation in order to urge the court to consider an insanity defense, even though Bladerunner’s legal team doesn’t intend to mount one. [CNN]

“Hold on, I have to apply for this job.”

I never practiced law in the good old days when document review consisted of boxes, each one of which would take a week to review. By today’s standards that level of productivity is likely to get you fired. Discovery is taking up the biggest chunk of corporate legal budgets and anything to mitigate those costs is considered a win. We all know this is where ediscovery vendors and contract attorneys have made their nut, coming in when a terabyte of data needs to be reviewed as inexpensively as possible. This is how the practice of law becomes a business and with that shift in dynamic, customer service has become as important as legal judgments.

Given this backdrop it is no surprise that when a client says “jump,” staffing agencies reply, “how many contract attorneys would you like to do that for you?”

So what crazy demands are being made of document reviewers?

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If I spend time reminiscing about the wayback times — all the way back to when I was a summer associate — I am reminded that one of the benefits of litigation (at least as described to me by an older associate nearly a decade ago) was supposed to be that it was recession proof. Meaning that just when the deals that characterize good economic times were slowing down that was when the real litigation would begin. So you’d be busy with new cases created by deals gone bad while your friends that joined corporate departments would find themselves without work to do at the same time a firm might be looking to make some cuts.

Now that didn’t prove quite true — when it’s time for Biglaw to do layoffs, litigation personnel find themselves as much at risk as every other department. But it is accurate that we do see an uptick in litigation after bad economic events. After all, it was only about two years ago when nearly every document reviewer or contract attorney found themselves on cases dealing with residential mortgage backed securities (RMBS). Yes, those same deals that nearly crippled the economy spawned massive litigation that kept food on my table. It didn’t matter what firm, agency or even city you worked for/in all the big document review projects seemed to be about RMBS. Now that that boom is nearly over we are left to wonder — what questionable business practice will lead to tomorrow’s doc review boom?

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We spend a lot of time chronicling the lows of being a contract attorney. It’s the very bottom rung of the legal profession, but no matter how disrespected the job it is still an essential part of modern litigation. These jobs are rarely permanent positions so as contractors move from temp job to temp job there is an inordinate amount of terrible and just plain crazy jobs out there. Horrible working conditions, bad bosses and low wages are all par for the course, so it takes something really special to stand out.

This job posting a tipster sent in literally had my jaw dropping. So what job is flirting with minimum wage and has even a jaded industry insider like me shocked?

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