Two weeks ago I said I would write a blog revealing the secrets of search experts. I am referring to the few technophiles, lawyers, and scientists in the e-discovery world who specialize in the search for relevant electronic evidence in large chaotic collections of ESI such as email. I promised the exposé would include a secret deeply hidden in shadows, one only half-known by a few. Before I can get to the dark secret, I must lay bare a few other search secrets that are not so hidden.
A Secret of Search Already Known to Many
The first secret of search here exposed is the same kind of secret as those revealed in Spilling the Beans on a Dirty Little Secret of Most Trial Lawyers. You probably have heard it already, especially if you have read Judge Peck’s famous wake-up call opinion in William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Co., 256 F.R.D. 134, 136 (S.D.N.Y. 2009). He repeated it again recently in his article Predictive Coding: Reading the Judicial Tea Leaves, (Law Tech. News, Oct. 17, 2011), that I wrote about in Judge Peck Calls Upon Lawyers to Use Artificial Intelligence and Jason Baron Warns of a Dark Future of Information Burn-Out If We Don’t. Despite these writings and many CLEs on the subjects, most of your less informed colleagues in the law still don’t know these things, much less litigants or the public at large. It would seem that Jason R. Baron’s dark vision of a future where no one can find anything is still a very real possibility.
The wake-up call on search has a long way to go before it is a shot heard round the world. I am reminded of that on almost a daily basis as I interact, usually indirectly, with opposing counsel in employment cases around the country. They often insist on antiquated search methods. So bear with me while I begin by repeating what you may have already heard before. I promise that the exposé of these more common secrets will also set the stage for revealing the seventh step of incompetence causality that I mentioned in last week’s blog, Tell Me Why?, and the one deep dark search secret that you probably have not heard before. Yes, the one is related to the other.
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Source: e-discoveryteam.com
By: Ralph Losey
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