When justifying the use of predictive coding, the challenge is to present the completed puzzle, which requires a common language, strong project management, and use of a predictive coding expert.
PREDICTIVE CODING BENEFITS
- Privacy benefits for cross border discovery
- Quality control standard linear review
- Prioritizing review (Hot docs)
- Categorization / issue coding
- Pro-active investigations
- Privilege review
- Augments and amplifies document review
- Type of case
- Type of documents
- Size of document population
- Expected challenges to using it in the particular case
- FRCP does not require that the parties choose a perfect search method, but rather only one that is “reasonable.”
- Responsible attorneys need to generally become educated about available search technology
- Negotiating predictive coding protocols can be more expensive than other options.
- Important to set clear goals
- Requires experts
- Technology now part of the proportionality discussion
FACTORS TO CONSIDER
- Is your matter appropriately sized?
- Are you comfortable with your knowledge of the recall and precision rates?
- How subtle are the distinctions between responsive and non-responsive documents?
- Is the data feature-rich?
- Could predictive coding be used for issue coding?
- Should predictive coding be used to identify documents that are sensitive in nature?
- Do you need a plan for materials arriving on a rolling basis?
- Will there be collaboration with opposing counsel?
- Will high-quality reviewers be used to train the predictive coding software?
- Do you have access to experienced predictive coding professionals?
- Properly set the table
- Understand level of understanding among the parties
- Have clear goals and objectives
Director of Strategic Consulting and International Discovery Counsel