E-Discovery-Predictive Coding May Drastically Diminish Document Reviews

From a class action suit alleging gender discrimination, emerges a groundbreaking development in litigation. A U.S. Magistrate Judge issued a decision that approved the use of "predictive coding" technology as part of the e-discovery process in Litigation .

The pioneering case involved a complaint of gender discrimination in employment which is prohibited by both state and federal law.

Predictive coding is computer-assisted search and coding using a complex algorithms to enable a computer to evaluate the relevance of a large collection of documents based on a reviewer's coding of a small sample of documents. In other words, a computer may be programmed to tag large sets of electronically documents as responsive, non-responsive or privileged from a small sample of documents already tagged by a live attorney during the legal discovery process.

The issue of computer-assisted e-Discovery came before the U.S. magistrate judge in the aforementioned case. Although the parties agreed to use computer-assisted technology, they disagreed about the exact methodology and application. The magistrate judge resolved the disagreement by ordering the use of predictive coding to identify relevant documents from a collection of over 3 million emails from documents in the discovery process.

While there has been a lot of discussion of using computer-assisted technology for document review, the magistrate judge's decision is important because it is the first court-ordered sanction of predictive coding.

The significance of the decision does not mean that predictive coding will be ordered or implemented in every case. The important factors which encouraged the magistrate judge to order the use of predictive coding are:
1. The parties were already in agreement on using computer-assisted electronic discovery
2. The enormous amount of documents requiring legal review
3. The cost effectiveness
4. The clear advantage of using predictive coding in the case.
5. The transparency of the discovery process as proposed by the defendants

An important point in the decision is that the computer-assisted e-discovery process does not have to be perfect to be accepted in court.

On the other hand, the fact that using technology will remove the human element from the legal E-Discovery process, other courts will be reluctant to broadly adopt such computer-assisted document review.

Two conclusions may be drawn:
One, predictive coding will be a part of the e-discovery document review process;
Two, the breadth of the use of computer-assisted technology will be limited to less complicated cases, documents and legal issues.

Exact Legal Review is a document review company offering English speaking, U.S. educated and U.S. licensed attorneys at offshore prices. Email at jonathan@exactlegalreview.com or call 718-487-9896 for more information.

1 comment:

Anonymous said...

Very nice content... your information are very useful. thanks for sharing about E-Discovery-Predictive Coding.
Electronic discovery process

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