In this digital era there are now hundreds of thousands, if not millions, of data points that a company may be preserving. Due to the large volume of data there are now tools available to analyze high quantities of data during business litigation cases.
Courts have adopted predictive coding to take samples of electronic documents to determine what is relevant or not important to a case. The software does its searches instead of lawyers, which alleviates legal teams from reviewing millions of documents (and a company’s wallet by cutting legal fees).
When data is being processed, it is important to employ early case assessment (or ECA) tools. A company or hired attorney should, regardless of the side they are on, meet with all clients and key individuals in the litigation. Afterward, it is important they take the following steps to makes sure the data is processed correctly with the predictive coding software:
1. Determine the source files to be analyzed.
2. Set the parameters for assessment.
3. Software automatically scans & assesses the data.
4. Review the reports generated by the software.
Is predictive coding the right solution? For right now, yes. It isn’t perfect. However, neither is manual review. For large amounts of data it will, in many cases, eliminate the need for extra-legal reviewers and minimize the time it takes to complete the discovery process - significantly cutting legal fees. It is also becoming a go-to tool in the legal tech world and should be utilized until an even more advanced solution is available.