The Genie predicts how likely an email (and its attachments) is to be privileged with a proprietary algorithm based on the role of the email’s sender and recipients. You classify the role of the owner of each email address, and the Genie applies basic discovery principles to predict privilege..
- Step 1: As it processes your uploaded pst or mbox job, the Genie collects every email address in the emails contained in the “From:”, “To:”, “CC:”, or “BCC:” fields.
- Step 2: The Genie sorts the email addresses from your by order of frequency, to put the most common ones at the top, and then presents them to you so you can classify them into one of four categories:
- “Client” means your clients and anyone who would be deemed a client for purposes of the attorney-client privilege, which could include your client’s employees or contractors.
- “Attorney” means you, other attorneys in your firm, co-counsel from other firms, any previous attorneys representing your client, and anyone acting on behalf of your client’s attorney, which could include expert witnesses, investigators, etc.
- “Adverse” means the adverse party or anyone acting on the adverse party’s behalf, like their attorneys, experts, consultants, etc.
- “Third party” means anyone else.
- Step 3: Click “next,” and the Genie runs a proprietary algorithm applying basic attorney-client privilege principles to sort the emails into five categories, ranging from “Very Likely Privileged” to “Very Likely Produced,” and takes you into the Review system to help you reviewing the emails and attachments at any level of detail you require.
- Q. Does the Genie predict whether electronic documents uploaded in a zip file are privileged?
- A. No. The Genie’s algorithm is based on to, from, cc and bcc metadata from emails. Since a Word document (for example) does not have this kind of metadata, the Genie has no way to predict privilege. However, the Genie provides the same powerful tools to help you quickly and accurately review electronic documents for privilege and relevance.
- Q. What if I don’t need to do a privilege review because I already know everything in my job will be produced?
- A. When you click the “upload” button to submit your job, simply check the “Mark all produced” option to completely bypass the review function and complete your job to produce your entire job. Note, however, that if you want to use the Genie’s powerful review tools to take notes, select certain documents for a custom “Confidential” stamp, and/or designate important documents as “key” or for future redaction, select “I will review” when you upload your job, bypass the email classification screen, and the Genie’s review tools will be at your service.
- Q. Can I search the contents of emails or attachments for key terms that might indicate a privilege?
- A. For security purposes, Discovery Genie does not access the contents of any record, but only reads the metadata of each record. As a result, Discovery Genie cannot perform any search of the body of any email or the contents of any attachment or electronic document.
- Q. What if a privileged email includes a non-privileged attachment?
- A. The Genie’s algorithm operates on email metadata only, and then assigns the predicted value of the email to all of the email’s attachments. However, when you review the documents, you may confirm (or change) the classification of any record by clicking the checkbox for that record. You may certainly mark an email privileged, and an attachment produced (or vice versa) as appropriate—you are in complete control.
- Q. What if I don’t check the box to confirm the Genie’s prediction of “privileged” or “produced”?
- A. If you do not check a box, when you click the button to “finish” your review, the system accepts the Genie’s prediction to complete the production.