Electronic discovery, or e-discovery as it is popularly known as, is a process of discovery whereby lawyers and their clients are able to exchange information in matters of civil litigation in an electronic or digital format. This process is, however, subject to applicability of local laws and regulations and is more than often, a rather expensive and time consuming method.
To overcome the tediousness and costs involved in the process of e-discovery, major e-discovery companies and firms have come up with the process of predictive coding or technology assisted review. Attorneys believe that technology assisted review reduces the time to review the documents and is quite reliable way to review the documents as chances of human errors are nil. 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:
1. 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.
2. Since the process is highly automated, there is very less chances of getting any vital document missed from being reviewed and thus ensures that the review is highly accurate and is free of any human error.
Factors Working Against Technology Assisted Review
Even though the number of benefits of technology assisted review are many, there are some arguments that are against this system of document review
1. 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.
2. 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.
3. With technology Assisted Review you can relax that the cost of reviewing the documents reduces considerably especially in large volume cases. The chances of Counsel accepting the documents that come from Technology Assisted Review are 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 Technology Assisted Review users is sure to increase in times to comes as its popularity will increase
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.
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