Oct 8

Since my server died with the entire collection of DocReviewMD blog posts, I figured I would update these posts based on where the predictive coding field is today and treat these posts as a re-release.  I remember drafting this post last year when I thought rather naively that we had just changed the litigation world.  Global Aerospace then continued with the predictive coding process being run, meet and confers with the opposing lawyers, and an agreement to produce the documents we coded using predictive coding.  While the case eventually settled, Global Aerospace for me stands as the best example of a successful predictive coding case.  We got the order we needed to use the process when opposing counsel wouldn’t agree to use predictive coding.  We then ran the software program and trained it using an expert reviewer who was a partner in the law firm’s construction litigation group.  We stabilized the tool then met with opposing counsel and talked through how we coded documents including sharing the null set.  Opposing counsel disagreed on a small number of documents we had coded not responsive.  We added these documents into the language model and pushed the button.  No other case has made it this far.  I believe it was the transparent approach we followed to make discovery about getting agreement on the process which is best accomplished when you are transparent.  Contrast that with Da Silva Moore which is still an ongoing case, and you can get a sense of how successful we were. The end result is we culled the 1.3 million documents in the collection to 200,000 documents with family members included and got the review done with a handful of attorneys.  A great outcome which resulted in two Wall Street Journal articles.  Yet for some reason today, the acceptance of predictive coding hasn’t taken off.  Which is one reason why we have been touring the country offering inexpensive CLE’s through the Predictive Coding Thought Leadership Series on how to validate predictive coding results.  Read on and enjoy…. Read More

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