An article by Robert L. Byman, appearing on the law.com website via the National Law Journal.
The article discusses predictive coding, and discusses the impact that it is having upon the legal profession. The article also discusses the need for greater participation among opposing counsel in regards to the discovery process. The article states, "But here's my prediction: Predictive coding is a cool new tool, but it will not solve the basic problem. Discovery will remain expensive, parties will remain combative, and courts will remain perplexed as they try to sort things out. As Pogo so aptly put it, "We have met the enemy and he is us." We lawyers are the problem. New tools are nice, but new attitudes would be better.
The problem is that lawyers too often view cooperation and compromise as antithetical to zealous advocacy; we distrust and oppose whatever our opponent proposes. If you want to use predictive coding, I don't. If I want to use 20 search terms, you want 50 different ones. If you want to search 20 custodians, I demand 200. And when, invariably, the receiving party claims production is incomplete, we race one another to court."
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