It appears that there
are in fact ways to: 1) rename the files; 2) combine the files; and 3) use
a lit support software to actually manage all of the docs in a database.
The main issue now, as some pointed out, is to determine exactly what
I want and need to do with these files. It turns out that there are more
than 17,000 pages produced, much of which I am sure is irrelevant and
provided to waste my time. Many of these files (at least what I have glanced
through so far) appear to have been scanned from hard copies and to have
been manually Bate Stamped before being scanned, but I will keep in mind
the suggestion to check into their electronic archival systems. I am sure
that I will need to use some or even many of the documents at trial, but
I suppose that I may want to worry about renaming and organizing only
the ones that I actually need to use and not be overwhelmed by the sheer
number at this point. Maybe even renaming and sorting docs into new directories
with name of directory describing docs inside.
My more immediate concern in deciding what I need to do is to determine
how to best review these documents. The problem that I have is that it
is much easier to cull through stacks of hard copies and set aside the
irrelevant material than it is to view these pages on my computer screen
one page at a time (which is a problem I have with attempting to create
any sort of "paperless" office- although I have heard some say
it is beneficial to at least create a "paper less" office instead).
I am thinking that one option is to simply pay for them to copy each of
the originals and provide me with hard copies; then I have the best of
both worlds.
I normally deal with several thousand pages per case, but 17,000+ that
have been produced in electronic form threw me a little. How do those
who deal with this many discovery documents usually deal with them? I
feel like I must be reinventing the wheel here.
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In response to your question regarding dealing with a large number of documents,
in addition to the oft-neglected possibility that you may indeed actually
end up in trial with all of this leads me to ask you to consider how do
you intend to present those documents during trial? You have two basic options,
those being binders and paper, or electronic.
One of the problems I run into (as one who prepares the trial presentation
database and then presents it court, allowing the examining attorney to
simply request exhibits for display) is that often the means ignores the
end. That is to say that improperly identifying the documents at the time
of imaging will often require the trial exhibits to be re-scanned in preparation
for trial. This is a problem encountered often as a result of a general
lack of understanding of (and/or, understandably, concern for) database
structure/organization on the part of the scanning vendor and/or counsel.
This can be avoided.
First, you must identify each and every document with its own unique
numbering (e.g., Bates). Failure to follow an organized, accurate, and
non-duplicative numbering system will simply cause the database to be
unmanageable - particularly with larger volumes of documents.
Second, document breaks (where one exhibit ends and the next begins)
must be determined prior to imaging, and every effort should be made to
respect those breaks during depositions. Failure to do so will cause many
fragmented versions of the same whole document, thus unnecessarily increasing
the size of the database, while greatly decreasing manageability.
Finally, your case, as any other, is unique. Since you have received
the documents in an electronic format, there are likely load files either
included or available on request. This would enable you to directly load
the documents, with their breaks and associated numbering directly into
a database, such as Summation. Then, you would have the advantage of having
those documents already organized for you. It is likely that you would
be able to identify the logical structuring in place, and work from there.
I would encourage you to include each and every image available. You never
know what you might be able to find later in a search. An OCR (Optical
Character Recognition) process may be run on the database, allowing you
to search every document's text. This process would also assist you if
you do prefer to work with hard copies, in that from looking at a hard
copy, you would be able to quickly locate a document according to the
Bates number or other text, which you could then search to locate within
the database.
Then, should the matter go to a Hearing, Arbitration, or Trial, you will
be able to easily transfer and utilize the documents and work-product
you have generated in order to present your evidence electronically using
TrialDirector (or other trial presentation software), as opposed to a
less-efficient hard-copy trial.
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