For e-disclosure but predominantly emails, the reason for that is it’s now obviously by far the preferred method of communication for the written media.
And attached to emails are documents, so you might have contracts, spreadsheets, image files maybe.
But usually those are just the two types of information, emails forms the largest and then you have a review of what we call loose documents.
So these will be documents that themselves aren’t attached to an email or in any sort of structure of that nature.
The big thing that people are talking about now is technology assisted review, where the PCs … sorry, the disclosure systems are able to make a judgement on a categorisation of a document based on the categorisations that have been made before. How it works is this. You will have a population of say, for argument’s sake, 100,000 documents, and a lawyer will review the first 1,000 and then the system will say, based on your choices of those first 1,000 documents, I think if you were to carry on, the remaining 99,000, you would categorise in this way
And so then the lawyer will look at those and say, “Well it was right in this document, it was wrong in that document and I would have made that document this.” So by now you’ve looked at 2,000 documents and the system says, “Okay, well, you know, thanks for helping me out, based on that I now predict that you would make the choices for the remainder, the 98,000.” And so you finally get to a stage where having reviewed only a few thousand documents, you can have confidence that whilst it won’t be perfect, if 98% of the choices that the computer’s made, you agree with, you may well be able to say to the other side, “We’ll stick with those categorisations that it’s done.” It’s being talked about a lot.
It’s still very new but it’s potentially a way to save thousands and thousands of pounds in the review phase.
Well, the problem with this technology is one of trust, because in order to … for both parties to agree they both have to understand how the system’s come about to make those choices. And they … ideally what will happen is both parties will be using the same system. And they will both agree to use technology assisted review and therefore both sides will have confidence that the system is working fine [0:14:52.3]. It’s not that usual for both parties to have the same type of system. So your technology assisted review might be different to mine and I’m going to think that it’s actually inferior to mine. And therefore I don’t want you to rely on your results but I’m happy to rely on mine, getting the two sides to agree is the trick.