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Avoid discovery on disclaimer

Created: 16 Mar 2012 • Updated: 19 Apr 2012 | 5 comments
This issue has been solved. See solution.

Goal - To return discovery search items excluding a disclaimer seen in every email, while still returning an item contained in that phrase.

Our e-mail MUST have a disclaimer stating

"e-mail is subject to monitoring"

However, if we perform e-discovery on various e-mail projects, searching for the word e-mail detects every message with the disclaimer in it.

Is it possible to run DA searches to search for the word e-mail while avoiding a search of the 'disclaimer'

 

Testing we have already performed:

Purpose of testing

To return discovery search items excluding a disclaimer seen in every email, while still returning an item contained in that phrase.

Items tested

Message 1, contains the word e-mail, and also the disclaimer containing “e-mail”

Message 2, contains only the disclaimer containing the word “e-mail”

Desired result

To return only message1

Comments 5 CommentsJump to latest comment

Liam Finn's picture

have you tried using a - which is the same as the NOT statement with the phrase you wish to exclude in " "

 

Example e-mail - "e-mail is subject to monitoring"

kevinbwood's picture

We tried this, unfortunateyl, beause some valid results have the disclaimer, using the 'not' operand excludes vaild messages because they have the disclaimer.

TonySterling's picture

Yep, what Liam proposes should work for you.

Simon Butler's picture

I think kevinbwood is saying that every email has a disclaimer, but he wants to find only emails where the word "e-mail" occurs more than once.  I.e. once in the disclaimer but also somewhere else in the message. 

Excluding words found in the disclaimer would yield no results.

Not sure if that is possible - Perhaps with a near opperand?  (Can't remember if EV has this)

 

Otherwise...I would suggest whomever came up with the search term "e-mail" for searching e-mails needs to have a bit of a rethink...

 

 

Tremaine's picture

I don't believe there is any permutation of terms that will ignore the text within the disclaimer whilst still respecting the text in the rest of the message. As soon as you exclude that 'search term' it will apply to the end result. However if this is something that you really must have without being able to change your search terms to only get positive hits on words outside off the disclaimer then you may want to consider Clearwell as an option as that provides the ability to filter out Disclaimer text.

SOLUTION