Guide To Technology Assisted Review
E-discovery is a process wherein clients and attorneys exchange
information on a digital format in the matters of civil litigations.
This process is, however, subject to applicability of local laws and
regulations and is more than often, a rather expensive and time
consuming method.
Most companies or attorneys involved in e-discovery prefer to use technology assisted review or predictive coding to ease out the time consuming and tedious task of reviewing extensive and large documents. This process can help the business reduce the time taken in document reviewing process to a large extent and thereby help them save a great deal of money. This technique is based on probability algorithms which effectively and quickly recognize the most responsive and unresponsive documents in a particular collection. This therefore, reduces the number of documents which actually demand a manual review, thereby reducing cost while at the same time increasing reviewing speed and accuracy levels.
Why is Technology Assisted Review Becoming Popular
People encouraging the use and wider incorporation of the process of technology assisted review generally make the following arguments:
Factors Working Against Technology Assisted Review
Contrary to the arguments of the proponents, people opposing the application of technology assisted review in the process of discovery generally argue the following
The concept of technology assisted review was first promoted in United States by Magistrate Judge Andrew Peck for Da Silva Moore vs Publicis Groupe & ML Group case in 2012. In fact the court went on to state the fact that businesses should use computer assisted review as one of the preferred ways to search ESI relevant to their case. The number of cases relying on it is sure to rise manifold times soon
The verdict was given keeping the important circumstances and facts in mind and there was a consent that parties will go through a process of numbering of the documents, predictive coding to review the documents in a cost effective manner.
Most companies or attorneys involved in e-discovery prefer to use technology assisted review or predictive coding to ease out the time consuming and tedious task of reviewing extensive and large documents. This process can help the business reduce the time taken in document reviewing process to a large extent and thereby help them save a great deal of money. This technique is based on probability algorithms which effectively and quickly recognize the most responsive and unresponsive documents in a particular collection. This therefore, reduces the number of documents which actually demand a manual review, thereby reducing cost while at the same time increasing reviewing speed and accuracy levels.
Why is Technology Assisted Review Becoming Popular
People encouraging the use and wider incorporation of the process of technology assisted review generally make the following arguments:
- Predictive coding is extremely successful in reducing cost that were involved in manual review of the discovery process and this goes in favor of both clients as well as clients.
- Another major argument in favor of the process of technology assisted review is that while human beings may tend to miss a large set of relevant documents through the manual reviewing process, the method of predictive coding is much more accurate and reliable.
Factors Working Against Technology Assisted Review
Contrary to the arguments of the proponents, people opposing the application of technology assisted review in the process of discovery generally argue the following
- Many doubters of this system argue the authenticity of the technology assisted review as the process is entirely automated and the review is entirely based on the discretion of the computer instead of human beings.
- Another major argument that is given by this group is that the relevant parties need to produce all the documents that get termed as relevant by the system even though the parties think that they are not as relevant if they had gone for a manual review.
- Technology Assisted Review is an effective tool that should be used widely as it will save the parties from paying hefty legal charges spent otherwise for reviewing the documents. The counsel can be sure of that the judicial acceptance of the documents by Technology Assisted Review is large.
The concept of technology assisted review was first promoted in United States by Magistrate Judge Andrew Peck for Da Silva Moore vs Publicis Groupe & ML Group case in 2012. In fact the court went on to state the fact that businesses should use computer assisted review as one of the preferred ways to search ESI relevant to their case. The number of cases relying on it is sure to rise manifold times soon
The verdict was given keeping the important circumstances and facts in mind and there was a consent that parties will go through a process of numbering of the documents, predictive coding to review the documents in a cost effective manner.
