Percipient, LLC

Communications between lawyers and outside consultants, such as cybersecurity incident response teams and e-discovery vendors, are largely protected by the attorney work product doctrine, but may also be protected by the attorney-client privilege and court rules preventing the disclosure of communications with non-testifying consultants. Despite the fact a lawyer’s communications with consultants, experts and vendors are third party communications, they are generally confidential or privileged, but to preserve the confidentiality of these communications, there are…
Despite advances in artificial intelligence and machine learning in e-discovery software, proper use of search functionality is still an important tool for efficient document reviews. However, searching can be tricky and, if not phrased right, may turn up less than ideal results.   Why is that, and what can be done to improve search results?  Here are five important search concepts and tricks to help return better-targeted search results.   Noise words / Stop…
  With remote and distributed work becoming the new norm, companies are faced with unique document retention and preservation challenges different than when employees are in the office. Some of these challenges include IT security, limits on the technology available to employees, different communication channels used by employees, and a change in company culture.   Consequently, companies must ensure that their document retention policies and document preservation protocols adhere to the same standards as…
Talk to anyone who has implemented legal technology, or innovated their legal processes, and I bet three out of four will tell you the first best step is to “map the process”.   To wit (all taken from interviews on the Technically Legal Podcast):   The best place to start, if you’re looking into workflow automation is with a pen and paper. We recommend not using any technology [s]o you can map out the…
Not all Microsoft 365 subscriptions provide access to eDiscovery licenses. However, figuring out which subscription level to purchase to take advantage of Microsoft eDiscovery features raises several questions:    Do you need Core eDiscovery, or do you need Advanced eDiscovery? Is Content Search included in all plans or subscription based? What is the difference between them (Core eDiscovery vs. Advanced eDiscovery)?  Do we subscribe to Microsoft 365 or Office 365?  Does our Microsoft 365 subscription permit…
Setting up a proper coding panel in document review software is an oft overlooked task that may impact the quality and efficiency of a legal document review.  The coding panel in document review and e-discovery software provides the issue tags or codes that may be applied to organize and categorize individual documents.   Organizing the coding panel should be a deliberate and thoughtful exercise. However, when preparing for a document review, project managers often…
I think workflow automation is a nice legal tech gateway drug. Although workflow and process automation is not “legal technology” per se and can be used in any industry, it is a good way for lawyers and legal teams to dip their toes into legal tech waters.   So often when people start thinking about implementing legal tech solutions, they try to “boil the ocean” and solve too many problems at once. The best place…
The oft-touted benefits of working with ALSPs (alternative legal service providers AKA law companies, legal services companies, etc.) are lower rates, specialization, and efficiencies. Because of these benefits, the use of ALSPs is growing.  Indeed, some predict a 25% growth in outsourced legal work and alternative legal services market share in the next five years.   We were curious to know the real value of using an ALSP. So we put our money where our…
Yes, the title “Best Blogs and Podcasts for In-House Counsel” is a loaded headline. But, that’s how people search for stuff on the internet so we went with it.   Admittedly, unless something is actually quantifiable, the “best” of anything is relative–especially when it comes to writing and podcasting. A more apropos title would be “Our Favorite Blogs and Podcasts for In-House Counsel”.   But, hyperbolic titles notwithstanding, these compilations are often helpful and we…
A new legal document review project may seem daunting.  At first glance, you may only see voluminous ESI (electronically stored information), many custodians from which data must be collected, not to mention the challenge of making sense of how that data supports the multiple factual and legal issues in the case.   So where should you start? The first step is prioritizing what should be reviewed (and what should not). That is where…