http://ow.ly/7GfCu
An article by Evan Koblentz posted on law.com on the LTN webpage.
This article discusses the recently completed Advanced eDiscovery Institute Conference held at the Georgetown Law Center. This article provides insight into methods that can be used to defend the use of cutting edge eDiscovery software to enhance the attorney review process, and the associated results of that process.
The article explains, "Judges, opposing counsel, and juries may sometimes ask lawyers about the limitations of concept and keyword searching, the extent to which quality control was performed, and the reasons why results aren't perfect, noted moderator Conor Crowley, of Crowley Law Office in McLean, Va.
Important cases in which the legal basis of software use evolved include Victor Stanley v. Creative Pipe, Disability Rights Council of Greater Washington v. Wash Metropolitan Transit Authority, Gross Construction Association v. American Manufacturers Mutual Insurance, and Datel Holdings v. Microsoft, Crowley said.
One of the best responses is for attorneys to understand and articulate how such technologies work at the process level, the panelists agreed." Links to the referenced case law opinions are provided in the article.
The article further states, "Analytical software can also help clients save money in unexpected ways, such as getting the opposition to pay if they request documents that your software deems unresponsive."
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