http://ow.ly/6WhdE
An article on the E-Discovery Bytes website by Steven Hunter of Quarles & Brady.
The article discusses predictive coding technology, and points out the fact that it can substantially reduce litigation related costs.
The article points out, "Predictive coding is a “technology-assisted classifying process” in which “a human reviewer codes documents the computer identifies (as responsive)—a tiny fraction of the entire collection. Then, using the results of the human review, the computer codes the remaining documents in the collection for responsiveness.”" The article then discusses four phases that pertain to the predictive coding process.
The article discusses the fact that no firm or corporation wants to be the "Guinea Pig" for this type of process, however there have been recent endorsements by Judges, advising firms that in proper situations this type of technology might be permissible. The article also illustrates how this type of technology can assist in reducing attorney review costs.
The article also provides certain points as advice:
1. Learn about predictive coding technology and select a vendor;
2. Seek the opponent’s agreement to use the technology after fully disclosing the risks (in writing);
3. If the opponent agrees, identify to the opponent the documents you have identified as relevant that will guide the software;
4. If the opposition does not agree, run a demonstration on a sample set to prove to the opposition the validity of the software and method;
5. If the opposition still does not agree, move the court to compel your opponent to pay for the cost of a manual review.
P.S. SRM Legal can assist you with these issues, including providing free advisory services about available technological solutions and best practices. If you have questions, feel free to contact us.
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