For all the sophistication of modern eDiscovery, some matters still begin with something decidedly low-tech – a file room. Boxes of contracts. Banker’s boxes of correspondence. Personnel files. Engineering drawings. Handwritten notes. Meeting minutes. Old case files. Documents that were created long before electronic document management systems became standard.
When those paper records become potentially relevant to litigation, an important question follows: How do they make their way from a physical file room into an electronic review platform?
Paper discovery is more than simply putting documents through a scanner. A well-managed process involves collection, organization, scanning, image quality control, optical character recognition (OCR), indexing, quality assurance, and preparation for electronic review. Just as important, it requires careful project management to make sure attorneys, litigation support teams, and vendors remain aligned throughout the process.
Before a single box is opened, the project should begin with a clear understanding of what needs to be collected and why. Attorneys may identify particular custodians, offices, date ranges, document types, or subject matters that are relevant to the case. In other matters, the scope may be broader, requiring an assessment of an entire file room or a collection of legacy records.
That initial conversation is critical because paper collections often contain more complexity than expected. Documents may be filed inconsistently, multiple copies may exist, folders may contain documents spanning several years, and handwritten annotations or attachments may provide important context.
The collection plan should account for those realities. It should also establish how documents will be tracked from their original location through scanning and processing. Maintaining a clear record of what was collected, where it came from, and how it was handled helps preserve the integrity of the discovery process.
Once the scope is established, the physical collection can begin. Depending on the matter, paper documents may be processed onsite at a law firm, corporate office, records center, or other location.
Regardless of location, documentation matters. Boxes, folders, custodians, file locations, and other identifying information should be tracked throughout the project. If original documents need to be returned, the process should also account for reconciliation so that the right materials make their way back to the right location.
This is where paper discovery intersects directly with eDiscovery best practices. Collection is not simply about getting documents into the hands of a scanning team; it’s about maintaining an organized, documented process from the point of collection forward.
Paper documents rarely arrive in a scanner-ready state. Before scanning, documents may need to be separated from folders, binders, clips, staples, sticky notes, and other materials. Pages may need to be arranged, folded documents flattened, and oversized materials identified for special handling.
Organization at this stage is important because the goal is not simply to create a collection of image files. The goal is to create an electronic representation of the original collection that can be searched, reviewed, organized, and ultimately produced as part of a litigation matter.
Special materials may require additional attention. Photographs, colored documents, handwritten notes, drawings, maps, and large-format materials may need different scanning approaches to preserve the information they contain.
The project team should also establish how document boundaries will be identified. A 20-page contract, for example, should remain a single document in the electronic review environment rather than becoming 20 unrelated pages. Attachments and related documents should be handled in a way that preserves their relationships wherever possible.
The next step is the actual scanning process. Documents are converted into electronic images, typically as TIFF or PDF files depending on the requirements of the matter and review platform. Scanning specifications should be established before production begins, including resolution, color or black-and-white scanning, file format, and treatment of oversized or unusual documents.
Quality control is essential. A scanned document that is crooked, incomplete, illegible, duplicated, or missing pages can create problems later in the discovery process. Quality assurance may include checking images for readability, confirming page counts, identifying blank or duplicate pages where appropriate, and verifying that documents were scanned in the correct order.
This stage may seem purely technical, but it has a direct impact on the attorneys who eventually review the documents. Poor-quality images can make documents difficult to read and can interfere with subsequent processing and review.
A scanned image of a document is not necessarily searchable. Without additional processing, the review platform may see the page as an image rather than as text. That’s where optical character recognition, or OCR, comes in. OCR technology analyzes the characters appearing in a scanned image and creates machine-readable text. That text can then be used to search the document within an eDiscovery platform.
OCR is particularly valuable for paper discovery because it allows attorneys and review teams to locate terms, names, dates, and other information without manually opening every page. It can also help integrate paper documents into the same search and review environment as electronically created documents.
However, OCR isn’t perfect. The quality of the original document, handwriting, unusual fonts, faded text, skewed pages, and poor scan quality can all affect the results. For that reason, OCR should be treated as part of a larger processing and quality-control method rather than as a substitute for reviewing the underlying document images. Non-searchable documents are a recognized consideration in eDiscovery processing, and OCR strategies should be applied thoughtfully based on the collection.
Once the paper documents have been scanned and OCR'd, the collection can be prepared for ingestion into an electronic review platform. This is where the physical organization established at the beginning of the project becomes particularly important. Information such as custodian, source location, box number, folder, document date, document type, and other relevant metadata can be captured and associated with the electronic files.
The processing stage may also include document identification, indexing, text extraction, deduplication where appropriate, and preparation of load files required by the selected review platform. The objective is to transform a collection of physical records into a structured electronic dataset that attorneys can work with alongside other discovery data.
The result should feel much less like a scanned file room and much more like a conventional eDiscovery collection where documents can be searched, filtered, categorized, reviewed, tagged, and included in a production workflow.
Paper discovery projects are often more manageable when project management begins before collection rather than after the documents arrive at the vendor. Attorneys and vendors should establish clear points of contact, agree on how questions and exceptions will be handled, and determine how frequently project updates will be provided. If the vendor discovers unexpected materials – such as a large volume of oversized documents, poorly organized files, handwritten records, or additional boxes that fall outside the original scope – the legal team should know as soon as possible.
Timelines should be realistic and based on the actual collection. A tight litigation deadline may require additional scanning resources, extended hours, onsite personnel, or a phased approach. Building those possibilities into the plan early can help prevent last-minute surprises.
Budget management is equally important. Costs can be affected by document volume, preparation requirements, scanning specifications, OCR, special handling, transportation, storage, and expedited turnaround. A good project plan establishes what is included in the scope and identifies circumstances that could change the estimate.
Documentation provides another layer of control. Collection records, project specifications, exception logs, quality-control results, and communication about scope changes create a clear history of how the project was handled. That documentation can become particularly valuable when questions arise later about what was collected or how the records were processed.
Most importantly, the attorneys and vendor should operate as one coordinated project team. The vendor brings expertise in handling and processing physical records; the legal team provides the case context and decisions about relevance, scope, and review. Keeping those responsibilities clear while maintaining open communication helps the project stay on track.
Paper discovery may begin with boxes, folders, and filing cabinets, but the end goal is much more sophisticated: Creating an accurate, organized, searchable electronic collection that can be reviewed alongside electronically stored information (ESI). The process requires more than scanning technology. It requires careful planning, experienced personnel, quality control, appropriate OCR and processing, detailed documentation, and consistent communication throughout the project.
For legal teams facing a significant paper collection, choosing a litigation support provider with genuine paper discovery experience can make the transition considerably easier. Avalon is one of the few litigation support vendors that continues to offer comprehensive paper discovery services, with both onsite and offsite capabilities. Our paper discovery services include document preparation, scanning, OCR, Bates stamping, and related processing designed to move physical records into the eDiscovery environment.
The technology changes the format of the documents, but the objective remains the same: To make sure the information contained in those physical records is captured accurately, organized properly, and ready for the legal team to find and use when it matters.
Paper discovery requires more than converting physical documents into digital files. It demands careful planning, experienced handling, and coordinated workflows to preserve document integrity and prepare information for efficient eDiscovery review.
Avalon offers paper discovery both onsite and offsite, with the resources and expertise to manage collections from initial assessment through scanning, OCR, processing, and electronic review preparation. Contact Avalon to discuss your paper collection and discovery requirements today.