Combination of Technology and Humans Work Best in E-Discovery Review, Study Finds

Extract from article by Samantha Joseph

“There are ticks and fleas on every technology you use,” said Rosenthal, a partner in Winston & Strawn’s Washington, D.C., office. “The danger here is the small group of vendors and practitioners who are really promoting TAR is misleading everybody into believing that TAR is substantially better.”

The biggest takeaway of the joint research project by nonprofit Electronic Discovery Institute and tech giant Oracle Corp. is that TAR is often faster and cheaper when identifying relevant documents. But when it comes to isolating privileged or sensitive information, human reviewers outperformed machines.

Software programmed to identify responsive documents could trim up to 80 percent from firms’ discovery expenses. But researchers found that privileged and so-called hot documents that require conceptual knowledge, instead of keyword searches or predictive coding, often present a nuanced challenge better suited to attorneys skilled in the practice area.