What Technology-Assisted Electronic Discovery Teaches Us About The Role Of Humans In Technology

http://ow.ly/8oek2

An article by Amanda Jones & Ben Kerschberg published by Forbes.com.

This article discusses predictive coding and technology assisted attorney review.

The article states, "Maura R. Grossman & Gordon Cormack, Technology-Assisted Review in E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, XVII Rich. J.L. & Tech 11 (2011). Anne Kershaw and Joe Howie agree. In a survey of 11 e-discovery vendors who use technology-assisted review in the form of predictive coding, they found not only that technology-assisted review outpaced their aptly termed “brute force [human] linear review of electronic data,” but also technologies that have been used in the not-so-distant past. They write:

The results report that, on average, predictive coding saved 45% of the costs of normal review – beyond the savings that could be obtained by duplicated consolidation and email-threading. Seven respondents reported that in individual cases the savings were 70% or more.(Source: Anne Kershaw & Joe Howie, Crash or Soar: Will The Legal Community Accept “Predictive Coding?” (Law Technology News Oct. 2010))."

The article further states, "Given the significant benefits that technology-assisted review can bring to e-discovery from the dual perspectives of quality and cost, expert commentators have asked a key question: Why isn’t everyone using it? Of the 11 e-discovery vendors surveyed by Kershaw & Howie, “[t]he most mentioned reason cited by respondents was uncertainty or fear about whether judges will accept predictive coding.” Kershaw & Howie, Crash or Soar (supra)."

In addition, the article provides a reference to writing from U.S. Magistrate Judge Andrew Peck, "In October, U.S. Magistrate Judge Andrew Peck of the Southern District of New York attempted to put counsel at ease. See Andrew Peck, Search, Forward (Law Technology News Oct. 1, 2011). After an exhaustive review of the manner in which keyword searches have been subjected to judicial critiques of methodology, he acknowledged that the nature of more advanced technology-assisted review presents a different paradigm for the courts. Judge Peck advised counsel to refer first to the highly respected Sedona Cooperation Proclamation. If cooperation does not result in accord between litigants, they should then “go to the court for advanced approval."

P.S. Judge Peck will be part of a panel next week, on January 18th, in which Joe Bartolo of this blog will be a participant as well.  For information about that event you can click the following link:

http://www.litigationsupporttechnologyandnews.com/2011/11/judges-facciola-grimm-and-peck-mock.html