Digital White Papers

ILTA WHITE PAPER: JUNE 2014 WWW.ILTANET.ORG 41 Is predictive coding currently an automated, straightforward process? Jessica: Yes and no. There is no need for a case team to be intimidated by TAR. It is a process that can be learned quickly, but it requires dedication and a variety of use cases to become comfortable with the workflow guidelines. There is a misconception that predictive coding is purely automated, but it is not a "set it and forget it" solution. It requires a lot of thought, planning and iterations with training and review by the case team. Jeanette: I do not believe predictive coding is an automated process. It takes the close involvement of attorneys and litigation support professionals who are familiar with each technology, methodology and their nuanced differences. How important is it to demystify predictive coding tools and processes before starting a project? Jessica: Lawyers need technical experts available who are trusted partners to assist in analyzing, explaining and understanding the process and resulting metrics. The idea that litigators using predictive coding technology must be computer experts or have a Ph.D. in statistics is overblown. It is a results-driven exercise. Jeanette: It is extremely important for attorneys to be familiar with how to utilize the tools and to ensure that the results are valid and defensible. The stakeholder must have confidence in the process. Touching on big data for a moment, do you anticipate predictive coding doing the heavy lifting, or will other trends take center stage? Jessica: The larger the data set, the more serious the discussion is about using predictive coding. This trend is likely to continue among the legal community. Jeanette: I think predictive coding will remain center stage. Companies will continue to reduce the volume of data being stored, but with the sheer amount of litigation, data storage sizes will continue to increase. PREDICTIVE CODING: REVOLUTIONIZING REVIEW OR STILL GAINING MOMENTUM? Where do you see predictive coding in five years? Jessica: Predictive coding will become a more common practice with less buzz surrounding its use. As noted by the Sedona Conference et al., the producing party is in the best situation to understand its own data. As more clients become familiar with the technology available, the more they will develop the ability to direct their outside counsel to use technology they know best fits their data and their response efforts. Some government agencies have recently used predictive coding tools, and I would not be surprised for them to start requiring the tools be used on certain cases. Jeanette: I hope to see predictive coding used for all types of matters. I would like to see more understanding of the technology and process by all. Hopefully, teams will be more comfortable using TAR tools.

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