Automated Review in Electronic Discovery Re-Visited

Almost two years ago I wrote one of my first blog posts entitled “Review-less E-Discovery Review.” Despite the tongue twister of a title, the post posited that “there is a very real possibility that we’re on the cusp of computers taking over a significant e-discovery task for attorneys.” I’d like to take a look and see how much (if at all) my prognostications have materialized.

A cynic might think that this is the moment where E-Discovery 2.0 jumps the shark. But no, this isn’t one of those sitcom episodes where they flashback to previous shows as an easy way to recycle content. Instead, it seems useful to see how the legal market has evolved from a litigation workflow perspective, particularly with some vendors touting the benefits of review-less technologies like predictive coding.

In the original blog, I noted that there was a “scenario where a non-manual review methodology may make sense” (while importantly noting that “this approach is not without risk”). Since my last post there has been the successful adoption of Evidence Rule 502,which makes this methodology (at least conceptually) safer.

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Source: eDiscovery 2.0
By: Dean Gonsowski