Digital White Papers

ILTA WHITE PAPER: JUNE 2014 WWW.ILTANET.ORG 40 What are your thoughts on the proportionality doctrine as it relates to the use of predictive coding? Jessica: Proportionality is the guiding doctrine of all discovery. It is not dependent on a particular workflow. Jeanette: I am not an attorney, but there is a lot of focus within the firm on thinking about discovery in the context of the Federal Rules of Civil Procedure, especially in Rule 1. What are the most common concerns with using TAR? Jessica: Cost is a major concern. In most projects, it is difficult to "guarantee" efficiencies at the point of obtaining vendor quotes, so the biggest hurdle I face is helping a case team make realistic assumptions based on all available information and deciding what workflow is most appropriate and proportional to the matter. What makes TAR workflows attractive is not just the often-touted cost efficiencies but also the accuracy that can be achieved even in very large- scale reviews. Adding TAR as a layer to an otherwise traditional keyword search term approach can benefit a case team by allowing it to find specific hot documents. Jeanette: Many attorneys raise the issue of cost. As a result, we often speak about how the technology cost is not always higher; if it is, cost is usually Jeanette: The concerns are very similar, but a higher comfort level is associated with the traditional review process. Despite cost being perceived as a factor when considering TAR, the cost of traditional review is one thing we seek to alleviate with these tools. PREDICTIVE CODING: REVOLUTIONIZING REVIEW OR STILL GAINING MOMENTUM? outweighed by savings. Also, the idea of "missing documents" is often raised when attorneys consider the use of predictive analytics. However, with predictive coding and analytics, the process leads you down a more structured, inclusive path. It is important for us to educate attorneys about this. Are these concerns different from those raised with traditional review processes? Jessica: The standard applied to the process of document review and the defensibility of the workflow is still legally the same regardless of the tool used. Each case will have a slightly different set of basic details, guidelines, document corpus and considerations. A sound, proven and tested process used to defend your case is the key to any review.

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