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I L T A N E T . O R G
accurate and less costly review. An expert in document
review processes and technologies can guide the
eDiscovery team, the client organization and any outside
counsel to efficiently sort through and analyze all available
data. This person will bring background knowledge of
various technology-assisted review (TAR) and advanced
analytics platforms and recommend the most appropriate
tools for a particular case.
However, the effectiveness of analytics tools hinges
on the quality of the data fed
into them, and the real value
of human analytics experts
lies in their ability to anticipate
the common hurdles that
complicate the process.
For example, a less
experienced user of analytics
tools might not understand the
proper tagging of documents.
Tagging a nonresponsive email
that's attached to a responsive
document as also responsive can
throw off an analytics platform's
model. It will assume that the
content in the nonresponsive
email is important — even
if the only text in it is "see
attachment." In addition, misspellings or variations of a
name, if not accounted for when building search terms, can
lead to responsive documents being overlooked.
Using review and analytics tools to their greatest
potential requires a person who understands how risk
and probability factor into the eDiscovery process. Most of
the major analytics platforms use similar algorithms that
actively learn from a small sample set of documents that
the user has marked as responsive or nonresponsive. The
platform creates a model based on that sample and applies it
to all the other documents in the set, giving each one a score.
Everything above a certain threshold would be considered
responsive, and everything below would be nonresponsive.
Determining the accuracy of the model is the job
of the human analytics expert, who will take samples of
documents below the nonresponsive line and use them to
train the model further if necessary. Through continued
testing of the model, the expert can ensure that there's an
acceptably low mathematical
probability that any responsive
documents exist below the
threshold.
The review and analytics
expert will also set up and
supervise the team of legal
document review attorneys,
making sure they remain
compliant with case specifics,
privilege and confidentiality
requirements. This expert can
implement a quality control
process to provide the best work
product, leveraging the latest
technologies and solutions to
help significantly reduce the
costs of any review process while
simultaneously increasing its efficiency and accuracy.
With data privacy becoming an increasingly important
issue, the review and analytics expert also helps ensure
compliance with major legislation, including the General
Data Protection Regulation (GDPR), California Consumer
Privacy Act (CCPA) and the Health Insurance Portability
and Accountability Act (HIPAA), among others.
Document review is often considered the most
expensive part of eDiscovery, but the right professional
"The real value of
human analytics
experts lies in
their ability to
anticipate the
common hurdles
that complicate the
process."
