Conflict Checking

This technical note discusses procedures for identification and management of conflicts of interest.  The Lexbe eDiscovery Platform (LEP) facilitates conflict-checking procedures as all Custodians can be identified for updates and searching across cases.  

Developing a Conflict-Checking Procedure

To identify and manage conflicts, the focus must include clients and related parties, as well as the attorneys.  Conflicts of interest can arise in any context.  If poorly handled, they can lead to disqualification from a case, ethical sanctions, inability to collect fees, professional embarrassment, and potentially insurance claims or damages. 

Using LEP for conflict-checking adds no additional cost.  Charges are based solely on GB storage use.  A conflict-checking database requires a limited amount of storage.

Step 1: Create New Cases

Create the case(s) in LEP which will be part of the document review and production steps.  See Manage Cases for more information.  

Step 2: Identify Parties and Key Affiliated Persons of Parties

Determine the names that should be added to each case. This step enables the user to map all the parties involved and their relationship to the case. 

Step 3: Set Up Custodians

Custodians (of ESI in a case) can be the litigants, deponents, witnesses, and other individuals and organizations that provide factual information. 

Custodians may be assigned at the time of the initial upload of documents, after upload through Multi-Doc Edit or in the Document Viewer.  Set up Custodians (Analysis->Custodians) p
rior to making assignments.  Include name aliases, emails, and other pertinent info.  See Custodians for more information. 

Once Custodians have been identified, map ESI content. 

Step 5: Conflict-Checking Search

Apply searches across all cases (Search->Show Searches For->All Cases In Account). Keyword searches will display a Summary of the search results for all cases to which the user has access within the account.

The user may customize views in the Search tab by selecting specific fields/columns (e.g. Custodian, Key Document, Attorney-Client Privilege, etc.). A list of the selected fields is saved automatically to the current data table.