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 governed by local regulations and laws and quite an expensive and time consuming way but still it seems to gain popularity with attorneys and project managers.
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. These e-discovery companies claim that they can provide a substantial cut in the large document reviewing process thereby leading to cost reduction. The efficiency of this system of document review come from the fact that the system identifies important documents through a probability algorithm. So the documents that need to be manually reviewed is limited and the business is able to save a lot on its cost while increasing the speed and reliability of operations.
Arguments In Favor Of Technology Assisted Review
People encouraging the use and wider incorporation of the process of technology assisted review generally make the following arguments:
Arguments by Opponents of 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
It was in the year 2012 in the case of Da Silva Moore vs Publicis Groupe & ML Group that technology assisted review was first endorsed by a US court. The court declared that even the technology assisted review is valid and acceptable way to search for the applicable ESI. The number of cases relying on it is sure to rise manifold times soon
The courts accepted technology assisted review after taking into account number of things like predictive coding, number of documents and the cost involved in reviewing the documents.
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. These e-discovery companies claim that they can provide a substantial cut in the large document reviewing process thereby leading to cost reduction. The efficiency of this system of document review come from the fact that the system identifies important documents through a probability algorithm. So the documents that need to be manually reviewed is limited and the business is able to save a lot on its cost while increasing the speed and reliability of operations.
Arguments In Favor Of Technology Assisted Review
People encouraging the use and wider incorporation of the process of technology assisted review generally make the following arguments:
- Most of the predictive studies in favor of this methodology show that predictive coding can lead to substantial cost savings by both lawyers and clients; especially in comparison to the anticipated costs involved in conducting discovery process through manual reviewing.
- 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.
Arguments by Opponents of 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
- There are serious doubts placed upon the authenticity of the studies favoring the process of technology assisted review since this method does not involve actual review of all documents by human beings and is hence, left upon the judgment call of a machine.
- 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.
- With technology Assisted Review you can relax that the cost of reviewing the documents reduces considerably especially in large volume cases. The counsel can be sure of that the judicial acceptance of the documents by Technology Assisted Review is large.
It was in the year 2012 in the case of Da Silva Moore vs Publicis Groupe & ML Group that technology assisted review was first endorsed by a US court. The court declared that even the technology assisted review is valid and acceptable way to search for the applicable ESI. The number of cases relying on it is sure to rise manifold times soon
The courts accepted technology assisted review after taking into account number of things like predictive coding, number of documents and the cost involved in reviewing the documents.