Question for any e discovery paralegals. We produced a bunch of documents but the attorney swears there are two names in it but when the searches are ran those names don’t come up but he swears opposing side has them. He has accused me and now the internal e discovery litigation that we are doing something wrong. Is there another way that opposing could be picking up these names ?

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OCR, the document it will allow to search much quicker.

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The documents are OCR and in the production database

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How did you produce these documents? Did you redact anything? Did you serve native documents? Could there be comments on the documents? Did you glance through the text of the document, as opposed to just natives?
Show your attorneys the documents, ask him to show you the names.

Just because OC has asked for two names of possible deponents does not mean OC picked the names up in the document production. That’s rather silly on the part of your attorney to assume. Sounds like your attorney is throwing noodles on the wall to see if anything sticks, in a way to head OC off at the pass or CYA.

Tell your attorney that their assumption that you screwed up is BS, and that I said so. Your attorney took a look at the data before it was sent out, so it’s on them for any screw up.

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Were they included in the list of custodians for the search that was conducted? Is it possible that the emails from those custodians were withheld due to privilege or confidentiality?

Has opposing counsel provided you with the information (date, time, subject line, etc.) regarding the email that they're seeking? I know you need to keep things vague to be discreet, but we don't have enough information to help you at the moment.

The two individuals have been noticed in a deposition. My attorney assumes because opposing side noticed them then there are documents with their name on it in our production. The two names have been ran but there are no hits. No one has held them for being privileged they were just documents that were produced natively only tagged as confidential. These are not emails they are technical documents and pdfs of a product

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