The Top Ten Faux Pas of TIFFs
September 2005
When it comes to electronic discovery, a great number of responses to requests for production and governmental investigations are still requested to be rendered to TIFF by clients. A TIFF, or tagged image file format, is a widely used graphics file format which has been used to replace native production of documents. This file type has been widely accepted for more than 20 years due to its ease of use and relative simplicity in disseminating information quickly and effectively.
TIFF files use a .tif extension and are stored in tagged fields found in the TIFF file’s metadata, or the stored data describing the particulars of the document. Many programs use the tags to accept or ignore fields, depending on the application. It is possible to lock out entire fields of metadata based on the settings for the TIFF image. To be more precise, a requesting party can expect to receive anywhere from a near replica of the original file, as far as searchability and background information, down to a virtual stone age of non-searchable images. Although the TIFF's major strategic advantage has been dulled by the popularity of other formats, there are still times when producing in TIFF is option of choice. For example:
- Many attorneys who request electronic production of responsive documents still expect TIFF files. Meeting this requirement may save time on negotiating points that aren't material to your overall case strategy.
- TIFF may be required for a specific software application. While large-scale document review may be best handled using an online review application, such as HTML, many law firms still use trial preparation software that requires TIFFs with load files.
Because of these exceptions and traditions, many attorneys are under the misconception that when a straight TIFF production is required, one may not need the services a full-service electronic discovery (ED) services provider. The perception that’s surfacing in the market today is that a full-service ED provider may be much more expensive than the smaller scan-and-code shop down the street – especially when faced with what appears to be an easy TIFF job.
The fact is that full service ED service providers are regularly selected for these jobs because the services that they offer are competitively priced and offer a wealth of expert resources that smaller tier-two shops simply cannot deliver. This experience often proves critical in helping clients reduce the risks inherent in what appeared to have been a “routine” e-discovery project, such as TIFF productions. Some of the biggest faux pas, or pitfalls, that can be found in standard TIFF projects include the following:
- Auto-fitting spreadsheets – most TIFF-issuing scan and code providers will auto-fit spreadsheets and they become unreadable by the review team. The ED provider must expose all columns to expose the necessary hidden data in order to allow for a thorough review.
- Hidden worksheets – a legally-defensible TIFF job will identify hidden worksheets not necessarily available in a standard conversion.
- Comments – comments associated with spreadsheets, word documents and other file types tend to get lost in TIFF conversions if not identified properly at the outset.
- Track changes – seeing tracking changes, such as in MS Word, is not automatic in all TIFF conversion processes. The changes in these documents may prove key in showing prior intent.
- Unique file requirements – if a document derives from either from MS Word or the Linux version of Office, the TIFF conversion process must be able to identify multiple file types, whose extensions might be deceiving, as well as properly convert them.
- Item stamping – the TIFF vendor should offer the ability to brand the TIFF images with unique endorsements to make it easy for the review team to identify responsive evidence.
- File response – in the conversion process, it’s important to understand what kind of system is in place to identify the files that cannot be handled. For example, the TIFF vender must be able to process complex files, such as an email that contains a zip file that contains an email that contains a Lotus Notes database. The failure to complete this process and to complete it in a legally defensible manner may destroy evidence.
- Project management – Invariably, the requirements of an electronic discovery production do not get less complex over time. If and when a production becomes more complicated than originally thought, it’s important to know in advance what the TIFF vendor’s response will be, escalation processes and what kind of project management team is on site to help.
- Success rate – Understanding the overall success rate on similarly complex projects will help in understanding the full capacity of the TIFF vendor.
- De-duplication – One key component of e-discovery is de-duplication. Requirements can change on a moment’s notice based on the decision of a judge or government official as to the scope of the production. It’s necessary to understand what options are available, not only prior to but also during the conversion process. For example, when a refresh collection is needed in the middle of a job, the TIFF vendor should be able to offer de-duplication by document set, by custodian, across multiple collections, and more.
It’s easy to fall into the “simple” trap – the mentality that the production before us is simple and straight forward so we don’t need the full service provider may cause unneeded cost and confusion.
About the Author:
Daniel Pelc is a licensed attorney in the state of Minnesota and has been working specifically in electronic discovery for the better part of four years. He is a frequent guest speaker on electronic discovery and has lectured before 13 State Bar Associations including California and Texas.
When he's not speaking nationally on the subject of computer law, he manages high profile and complex electronic discovery engagements on behalf of national law firms and Fortune 500 corporations as a sales engineer at Fios Inc.