Strategic eDiscovery – Predictive Coding
I often get asked what I mean when I speak about strategic eDiscovery.
There is a common perception that eDiscovery and the technologies that drive it are simply used to satisfy a legal obligation – a box-ticking exercise. However, this interpretation could not be further from the truth. When technology is leveraged strategically, advantages are created where there once were none. Predictive coding is just one such example.
It is easy to imagine a law firm “ABC Ltd” unable to reach an agreement with opposing counsel on search terms. A situation like this would threaten to derail the data interrogation workflow before it has even begun. What should be a simple task of agreeing on specific terms could quickly devolve into a contentious situation resulting in wasted time and resources.
More advanced technology could obviate this deliberation over terminology. Predictive coding could be the strategic approach necessary to get the law firm back on track.
This would begin with the iterative process of training the system to think like a subject matter expert (SME). A back-and-forth exercise of Q&A where thematic representations of data found across the entire universe would be presented to the SME.