Jan 18
If 2011 was the year of technology-assisted document review, 2012 will be the year of re-humanizing technology-assisted review at its most strategic points. Going forward, the focus will be not only on the foundational role humans play in guiding document assessment, but also on the role human expertise can play during the earliest stages of case strategy development and later during optimization of the review process. During these phases, experts from various fields may serve as a vital extension of the legal team, providing critical perspectives that legal subject matter experts alone may not possess.

The past year’s most seminal article on technology-assisted review (commonly known as “automated document classification” or “predictive coding”) was Maura Grossman and Gordon Cormack’s law review piece, which effectively debunked the notion that manual review offers an unimpeachable gold standard. The authors succinctly summarized their statistically validated findings as follows:

This article offers evidence that . . . technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision.

Maura R. Grossman & Gordon Cormack, Technology-Assisted Review in E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, XVII Rich. J.L. & Tech 11 (2011). Anne Kershaw and Joe Howie agree. In a survey of 11 e-discovery vendors who use technology-assisted review in the form of predictive coding, they found not only that technology-assisted review outpaced their aptly termed “brute force [human] linear review of electronic data,” but also technologies that have been used in the not-so-distant past. They write:

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