Digital White Papers

IG19

publication of the International Legal Technology Association

Issue link: https://epubs.iltanet.org/i/1188906

Contents of this Issue

Navigation

Page 70 of 71

I L T A W H I T E P A P E R | I N F O R M A T I O N G O V E R N E N C E 71 5 S T R A T E G I E S F O R E F F E C T I V E C O N T R O L A N D O V E R S I G H T O F E D I S C O V E R Y S P E N D litigation for enhanced efficiency and strategic advantage. Regardless of extent, eliminating manifold review and inconsistency increase return to scale. Centralization provides ancillary benefits. Minimizing the distribution of documents enhances security and consistency. And centralization is the key to enhanced reporting and strategic planning (as discussed below). 3. Develop and implement repeatable processes One of the best ways to effectively exercise control over eDiscovery is to develop and implement standardized workflows that can be leveraged across all cases. Doing so minimizes the fits and starts, and eliminates the redundancy, endemic in diversified eDiscovery projects, and instead establishes functional and streamlined best practices. Developing a thorough, written corporate eDiscovery playbook is a great way to advance this objective. An effective playbook should cover the entire eDiscovery process, specifying data preservation and collection formats, processing protocols, preferred review techniques, and even the proposed form of production. The role of every stakeholder should be reflected in the playbook, showing transitions and coordination between in-house personnel, outside counsel, managed review teams, and even the eDiscovery vendor. Memorializing eDiscovery standards in a comprehensive playbook will ensure consistent management, and promote defensibility of the process across the entire litigation portfolio. The eDiscovery playbook should continue to be a dynamic, fluid, and living document. Case specifics will differ, and processes will continue to improve as participants develop new techniques to save time and money, and maintain control over the eDiscovery budget. Continually evaluating and updating processes, protocols, and procedures will only improve the playbook, and ensure the efficiency and consistency for which it is intended. 4. Integrate machine learning into the process The single most expensive component of the eDiscovery process is, undoubtedly, document review – amounting to roughly three quarters of the total eDiscovery spend. That means that every effort must be made to minimize document review costs. Technolo-assisted review solutions, particularly those using continuous active learning (CAL) protocols (referred to as TAR 2.0), provide the best currently available means of controlling document review costs. TAR solutions use supervised machine learning algorithms to locate the types of responsive documents identified by reviewers, and selectively surface those responsive documents for prioritized review. That means that most of the responsive documents can be found by reviewing only a fraction of the entire collection. TAR 2.0 controls costs so well for two reasons. First, the review can start immediately – there are no sunk costs or wasted time in preliminary efforts by senior lawyers to generate a finite set of presumptively responsive documents for the review team. Second, continuous active learning protocols constantly re-rank the entire collection for responsiveness in The single most expensive component of the eDiscovery process is, undoubtedly, document review – amounting to roughly three quarters of the total eDiscovery spend.

Articles in this issue

Archives of this issue

view archives of Digital White Papers - IG19