This is the first of a three-part series concerning technology assisted review of documents in civil litigation. In the first part, we assess various methods of such review and discuss when it should be considered for use in civil litigation. The second and third parts will focus on how to make technology assisted review work for your company in litigation while achieving cost savings.
Your company is engaged in a large civil action, and discovery has begun. The discovery requests you have received from opposing counsel seek voluminous electronic data, and the idea of using key word searches and manual attorney review strikes you as both unwieldy and costly. As recently as five years ago, you would not have had any attractive alternatives. Now, however, technology assisted review (TAR) — also referred to as predictive coding or computer-assisted review — has evolved into a viable method to gather, review and produce relevant documents in litigation. The pertinent questions become whether you should use TAR, and how best to fit its use within your company’s broader litigation strategy.