Data Sampling: the Risk Management Component
by Trevor Clark, PMP; Sr. Project Manager; Fios, Inc.
The practice of sampling data sets as part of an early evidence analysis and assessment activity has grown in popularity in recent times. It has shown to have great value for testing search terms, identifying data quantities and types, and has been an excellent tool for providing case teams with vital information for the development of culling strategies and for planning review. This data sampling practice is also a fantastic opportunity for e-discovery project managers to focus specifically on risk management activities that will likely affect all phases of the project.
As we know, risk management involves the identification and analysis of risks, and then developing a corresponding plan to respond to and monitor these risks throughout the course of a project. With respect to data sampling, the risks will most likely stem from unexpected file types or file characteristics within a data population. In other words, rather than the identification of any single large risk, the sampling activity has the potential to uncover a multitude of small risks that can add up to impact a project greatly. For example, you might find previously unknown email container files that will require conversion by an outside vendor, thus impacting both cost and schedule. Or you might find a wide range of Office documents with embedded graphic images that do not hit on search terms and therefore will have to be physically reviewed, heavily affecting scope, time, and cost. Or, you may discover thousands of quasi-programming files that hit on search terms but are clearly non-responsive and may be justifiably excluded from the review population through pre-culling. This single discovery could shorten review time considerably.
All three of these examples are good candidates for employing common risk analysis and mitigation practices, such as risk register tracking, decision tree analysis, or other common risk response planning techniques. In the end, you can employ proven risk management tools and practices to identify, analyze, quantify, and ultimately integrate all of these results back into your overall project plan. With that information, you can adjust the critical areas of cost, schedule, and scope accordingly. Identifying these risks up front and doing advanced planning will undoubtedly lead to a smoother project all around. And as is often the case in e-discovery, a reduction in risk will likely lead to an increase in defensibility.
Filed under Discerning e-Discovery, Governance, Risk & Compliance, Home Page Featured, Technology Counsel.