An article by Monica Bay posted on law.com on the LTN webpage.
This article provides further insight into recent past articles that are referenced in Ms. Bay's article. Ms. Bay discusses a recent article posted last week by Judge Andrew Peck, which provides his thoughts on new legal technologies utilized during the attorney review process.
As the author states, "...alternatives have evolved, as computers began to infiltrate the process. "Clustering" files that had similarities was a first step. The latest hot trend is computer-assisted coding, aka "predictive coding." Last year, Ann Kershaw and Joseph Howie, in "Crash or Soar," pondered whether the legal community would accept this new option -- where a team of lawyers (or other senior professionals) review a subset of initial documents and code those documents. Those decisions then determine action on the full document set, reducing or eliminating the need to examine all files.
At least two recent studies have concluded that computer-assisted coding is actually more reliable than just human intervention, Peck reports. "Typically, the senior lawyer (or team) needs to review only a few thousand documents to train the computer," he observes."
The article provides further comments, "That (the lack of a court decision approving new technology) makes lawyers nervous, worried that they might be a "guinea pig for a decision on predictive coding," or subject to a Daubert hearing on its admissability, he says. But Peck offers optimism: "Lawyers' fears in this regard seem largely misplaced," says Peck, who then offers concrete strategies on how litigators might successfully present computer-assisted coding to the court."
The article concludes with a
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