What is predictive coding and can it help me?

http://ow.ly/8iAa1

An article by Dera J. Nevin published by Canadian Lawyer Magazine.

This article discusses predictive coding, and provides a brief explanation as to what this term actually refers to.

The article states, "Let’s start with what predictive coding is not. It is not the “eyes on every document” approach of traditional linear review, where a lawyer starts with the first document and looks at every collected document until every document is reviewed. That approach works well when there is a small amount of documents or in circumstances that require human eyes on every page. However, that approach becomes unwieldy and expensive when hundreds of thousands or millions of pages require review.
Predictive coding remains poorly understood because it is not just a technology but also a project management technique. Predictive coding is a series of computer search and sampling technologies, coupled with a new approach to searching for and reviewing potentially responsive documents. Properly combining all of these elements permits expedited, cost-effective, and highly accurate document review."

The article further states, "Predictive coding is generally defined by these characteristics:
• it leverages small samples of documents (input criteria) to find other relevant documents;

• it reduces the number of non-relevant documents that lawyers must review, thereby reducing the overall amount of lawyer time spent reviewing documents; and

• unlike straight manual review of documents by lawyers, the results generated by predictive coding algorithms can be validated through statistics."

In addition, the author mentions, "The use of predictive coding for document review raises at least two legal issues. First, does the use of this technology meet counsel’s obligation to conduct a reasonable and defensible search for responsive documents under applicable discovery rules? Second, can counsel safeguard a client’s solicitor-client privilege when a privileged document is disclosed? To date, although some judges in the United States have spoken positively of predictive coding, its use has not yet been tested through a defensibility motion."