Friday, August 26, 2011

eDiscovery Trends: Lawyers versus Machines, Who's "Winning"?




http://ow.ly/6dJ9L

An article by Jason Krause, on eDiscovery Daily Blog.

This is a fascinating and comprehensive article, that provides links and references to many other important article that pertain to the topic of attorneys vs. computer technology.
The article states the following, "As discussed on this blog, mainstream publications including The New York Times andForbes have noticed the rise of search technology in discovery, particularly predictive coding. The New York Times article, Armies of Expensive Lawyers, Replaced by Cheaper Software, inspired a lot of consternation in the legal community by proposing that technology was replacing human lawyers. Among the first to reply, Ralph Losey wrote a blog post New York Times Discovers eDiscovery, But Gets the Jobs Report Wrong, arguing that “the supposed job-chilling impact of these new technologies on the legal profession was off the mark. In fact, the contrary is true.”

However, the Times article does point to a real trend - clients demanding that their outside counsel and litigation support teams use technology to work more efficiently. “Just because the “paper of record” says something doesn’t make it so, of course. But it does mean that every GC and Litigation DGC/AGC in America (and likely Canada) now has this trend on their radar,” litigation project management guru Steven Levy wrote on the blog Lexican."

The article goes on to provide additional insight, including research by TREC.  Moreover, there are comments made regarding the use of a traditional linear review, and the benefits of using technology as opposed to a more traditional approach.  

A recent comment made at the ILTA 2011 conference likened the use of a traditional linear review approach to the use of wooden tennis rackets.  With the increased volumes of information that requires attorney review, coupled with the desire to reduce costs, the only practical solution is to rely on technological advancements to enhance the process.




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