Do You Still Need Bates Numbering in the Age of AI?

Is Bates numbering still relevant in our digital, AI-driven technology world?

As the legal technology space and the world at large perennially adapts to AI and modernizes along with it, the use of Bates numbering may no longer appear to be necessary or relevant. Nearly half of attorneys already incorporate AI solutions into their daily practice and this figure is anticipated to jump to over 60% next year, given that legal practitioners recognize AI's potential to transform their workflows.

This may leave legal teams wondering if it is still worth using Bates numbering in the age of AI.

Despite the rapid digital transformations occurring in legal tech and the legal sector as a whole, Bates numbering is still a key component of eDiscovery and legal professionals would be remiss not to use it, regardless of whether they have implemented AI into their workloads or not.

This article explains why Bates numbering remains indispensable for eDiscovery and how it still bears relevance, even in the age of AI.

A refresher on what Bates numbering is and why it’s important

Also called Bates stamping or Bates stamps, Bates numbering is a system used to organize and identify documents quickly. This method works by assigning a unique, sequential identification number to every page in a set of documents. This process applies to all document types, including pages, files, PDFs, and images in lengthy productions.  

A key component of the eDiscovery process, this system serves as a reference point for individual pages and is also used to track documents. This makes it possible to stay in the know of documents based on their subjects.  

While Bates numbering does not inherently track documents based on their subjects, it can, however, be customized with prefixes or suffixes. This provides additional context, such as case numbers, dates, or client names, which can be used to help identify which case or project a set of documents belongs to. In this way, Bates numbers provide customization in their labelling. This can be created digitally using document management or e-discovery software, which can employ Bates stamps to both physical and digital documents.  

Bates numbering assists in identifying specific ESI (electronically stored information) files, pages of near paper ESI, or printed documents, and is used during document review, litigation productions, depositions, and trials.  

Is Bates numbering still necessary in the age of AI?

Can it be used in the ever-evolving age of AI? That’s the million-dollar question. The following explores why this method still bears importance and relevance in the present digital age in which AI usage is skyrocketing.  

Unique Identification

A major facet in eDiscovery is the identification of documents, and Bates numbers provide just that; they provide a unique identifier for each document and each page of a document. This enables an easy way to reference your ESI, as well as organizing data as you deem necessary.  

The provision of identification also makes this system especially useful in eDiscovery, given that legal professionals oftentimes must contend with overwhelmingly large pools of documents and data. In addition, this function is incredibly crucial for other litigation activities, such as the retrieval of documents for trial preparation.  

Traceability

Bates numbers are useful for tracking the journey of documents throughout the eDiscovery process, by way of its systematic method of sequentially numbering pages. This system is therefore commonly used in the legal industry to index and track large volumes of documents throughout their journeys.

As such, this method helps manage and retrieve documents efficiently. Documents can be traced from collection to production, ensuring that there's a clear audit trail.

Referenceability

Bates numbers are essential for referencing specific documents in legal pleadings, motions, and other legal documents. This helps to ensure that all parties involved can easily locate the information they seek and be able to understand it. Easy refrenceability is made possible through this system’s capability of duplication prevention. This ensures that no two pages have the same number, preventing duplicates and confusion when dealing with vast amounts of documents.  

Legal Standards

Bates is also considered a legal standard in some jurisdictions, as several legal systems and court rules still require the use of it. It is the preferred indexing system for use in long records, such as in state court and federal appeals cases (although it is not explicitly mandated by the Federal Rules of Civil Procedure). While it is not universally required, some jurisdictions and courts have adopted local practices or issued specific orders that made the use of Bates numbering an explicit requirement under the provisions of their Rules of Court. This is due to its effectiveness in identifying and organizing documents.

For example, in Maryland, a court ruled that productions were not reasonably usable without Bates numbering.  The case was that of Branhaven LLC v. Beeftek, Inc., 2013 U.S. Dist., (D. Md. Jan. 4, 2013), in which Maryland Magistrate Judge Susan K. Gauvey sanctioned the plaintiff’s attorneys for improperly attesting to the completeness of their eDiscovery production. The judge ruled that because the defendants “demonstrated that without Bates stamping and “.tiff format,” the plaintiff’s production “was not reasonably usable and therefore was insufficient under Rule 34”.  

Thus, Bates stamping is essential for compliance and record keeping in the eyes of certain jurisdictions.  

Hash Values: Modern but Can’t Do Everything Bates Numbering Can

There is a digital alternative to Bates numbering, and it is known as hashing. This is a technique in which software imports digital data and uses an algorithm to assign it what’s known as a hash value. A hash value can be given to anything. Hashing occurs rapidly, and the number it produces can be considered a file’s fingerprint given how specific it is to a file.  

The software you use can create hash values for an entire file, a group of files, or even an entire hard drive. Once a file has a hash value, you can compare it to other files’ hash values. When two of these “fingerprints” match, it is indicative of the same file.

However, a hash value cannot do everything a Bates number can. While hash values are useful for identifying files, detecting duplicates, and proving that a document has been tampered with, it isn’t adequate to use as a reference point to production pages at a deposition or trial.

On the contrary, Bates numbers can be used for these legal purposes, as these numbers follow a particular order and are permanent. Hash values, on the other hand, aren’t sequential; instead they are generated based on the contents of a file, which are random. In addition, hash values are impermanent, as they change if even a single character in the file is altered.

The Verdict: Bates Numbering is Still Invaluable in the Age of AI

The importance of Bates numbering lies in its ability to keep legal documents organized, identifiable, and easily retrievable, especially in complex litigation files. By assigning a unique numeric identifier to each document, Bates numbering simplifies the search and reference process, saving time and resources in the legal profession. It offers a range of functions and values and is even mandated by certain jurisdictions, so it remains a standard practice in eDiscovery.  

All in all, Bates numbering is a vital method for document management, even in the age of AI. It provides a standardized system for identifying and organizing documents, which is crucial for legal professions to use at different stages in litigation. While AI can automate many aspects of eDiscovery, including Bates numbering, the underlying principle of Bates stamping, that of using unique identifiers for document tracking remains vital.  

Partnering Human Expertise with AI-Powered eDiscovery

Whether you choose to automate Bates numbering or manage it manually, combining your workflow with expert legal guidance is essential, especially given the volume and complexity of the legal matters of the present.  

As a leading legal technology firm and top eDiscovery provider, Consilio brings together seasoned legal professionals and advanced, AI-powered eDiscovery solutions to streamline and strengthen your document review process. Our experienced legal consultants are here to support your team with tailored services across eDiscovery, document review, and legal operations.

Aside from our team of devoted document review specialists, we have also recently welcomed Guided AI Review, which offers quick, AI-driven document review that combines AI prowess with human expertise. This empowers the process with accuracy, control, and efficiency in document review, particularly for high-stakes legal matters.

Interested in tackling Bates numbering and document review more broadly? Work with Consilio today.

Whether or not you decide to automate Bates numbering or apply it manually, your business will benefit from pairing your Bates numbering needs with a seasoned legal expert, given the complexity and volume of documents involved in legal cases.  

At Consilio, our experienced team of legal consultants are here to assist and empower your document review and eDiscovery, along with offering a host of other legal consulting services. Our team is available to help assist you with all of your eDiscovery and document review requirements. We also offer our own customizable AI solutions.  

Aside from our team of devoted document review specialists, we have also recently welcomed our Guided AI Review, which offers quick, AI-driven document review that combines AI prowess with human expertise. This empowers the process with accuracy, control, and efficiency in document review, particularly for high-stakes legal matters.

Interested in tackling Bates numbering and document review more broadly? Work with Consilio today.