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This article was posted by Chris Dale, on his blog, the e-Disclosure Information Project.
This blog post discusses Judge Peck's comments recently made at the Carmel Valley eDiscovery Retreat. The article provides an important statement, "U.S. Magistrate Judge Andrew Peck's keynote statement....was one of the clearest statements yet by a judge that the use of new technology like predictive coding is an acceptable way to conduct search in appropriate civil litigation cases. Though necessarily limited to US courts in terms of direct influence, what he said applies in any jurisdiction requiring electronic discovery."
Technology, such as predictive coding, is going to gain greater acceptance by Judges, corporate litigants, and law firms, as it gains more exposure. If you don't know about this technology, or how it can enhance the results of an attorney review, while at the same time reducing costs, perhaps it is time to learn more?
The article cites important studies regarding the accuracy of techologically enhanced attorney reviews, and further quotes Judge Peck as having stated, "If 2010 was the year of proportionality...it seems that 2011 is the year of predictive coding."
This is a very insightful article and also advises attorneys to stop waiting for the courts to endorse specific technological solutions. Attorneys need to know how technology can be effecitvely used, and to provide information to the Judge as to why a specific technique should be deemed acceptable to use in an actual case.
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