This year several companies are announcing some truly ground shaking technology that, if used properly, will change how ESI is managed, filtered, reviewed and produced. This year, the overwhelming theme at LegalTech will be the announcement of new "technology assisted review" features to some products where those features where not previously present.
The Digital Advantage has been following and writing about “technology assisted review” for some time.[1]. Technology assisted review is not new. Recommind Inc, Orcatec, Equivio and others have had similar features on the market for some time. The Symantec and Lateral Data products highlighted below, however, in The Digital Advantage's opinion, are taking a new and fresh approach that will allow legal professionals the ability to use and rely on this technology, without having to defend a single technology by retaining a PhD to explain how everything works. Both applications contain workflow driven features where lawyers only need defend their workflow and review methodology rather than what a technology does, or does not do. The two applications highlighted below are announcing these new features to their products just before and during LegalTech. The list of providers releasing technology assisted review features is a long one, and this is by no means an exhaustive list of providers. The discussion is simply those with which The Digital Advantage has firsthand knowledge.
Symantec Announces “Transparent Predictive Coding”
On January 23, Symantec will officially announce an upcoming feature set for the Review & Production Module of the Clearwell eDiscovery Platform that The Digital Advantage agrees that when used in conjunction with a proven and well planned workflow and methodology, will streamline legal review significantly. This new functionality, Symantec calls “Transparent Predictive Coding”, will deliver the ability to create a flexible and intuitive workflow to help leverage technology during human driven review. Clearwell eDiscovery Platform works in much the same way as the “predictive” technology platforms that came before it and can automatically predict document relevance in order to simplify and streamline document review. The difference here, however, is that Clearwell has clearly learned from those early adopters and provided flexibility in how this technology can be used. When coupled with the right methodology, the net result will be a more defensible review process at significantly reduced cost.
Clearwell's Transparent predictive coding highlights the following specific features:
- Smart Sampling – The ability to target specific documents sets
- Smart Tagging – Automating pre-classified criteria that has been tested
- Prediction Insight – Greater transparency into what is being “predicted”
- Prediction Workflow Management – Flexibility
- Prediction Analytics – Strong reporting and transparency
- Prediction Templates – Ability to automate and repeat what works
- Review Quality Control – Customizable QC
Lateral Data’s Viewpoint software is an all-inclusive e-Discovery platform. They too are announcing at LegalTech a version of Predictive Coding. Viewpoint “Assisted Review” applies advanced technology also designed to help review teams reduce costs by reviewing fewer documents in less time. Viewpoint’s Assisted Review is completely integrated into the Viewpoint platform and is not a “tacked-on” product providing separate installation, training and complexity. There is no need for complex, time-consuming imports, exports or duplicative files transfers between disparate software products to get advanced “assisted review” analytics. This will save considerable time over other products with similar features. When coupled with a proven workflow and methodology, Viewpoint’s “assisted review” features should prove to be a considerable upgrade to an already strong product. Here are some of the Key Benefits:
- No additional cost - Viewpoint Assisted Review is included with every Viewpoint Enterprise Subscription license.
- Complete integration - Not a “tacked-on” third-party tool. No additional training or installation required.
- Strong Analytics - Leverages Viewpoint’s already proven built-in analytical tools to build efficient sample sets for predictive analysis.
- Advanced Filtering - Viewpoint Assisted Review can be added to traditional culling techniques (e.g. date range or keyword filtering) to ensure the lowest possible quantity of documents are reviewed, with the highest possible relevancy rate.
- Early Data Assessment (EDA) - The most highly relevant documents in a dataset can be easily isolated.
- Quality Control - Once a standard first level review has been completed, users can compare results to easily find and correct discrepancies.
Technological innovation runs in cycles and indeed technology assisted review may be an up cycle. Just because something is bright and shining does not necessarily mean it’s a good thing. Don’t get sucked into the mindset that technology solves all problems by itself, or you will be sadly disappointed. Technology is only as good as the designers who create it and those who use it. The “rubber meets the road” at the intersection of Human and Machine. Not to be confused with human vs. machine, despite what some would have us think. Technology assisted review is not going to replace lawyers anytime soon, although fewer numbers will hopefully be needed to do more with less. But, that was inevitable wasn’t it? If you are going to invest in Technology, compliment it with a sound implementation plan, integrate sound technology with a proven process and have smart people marrying it all together. This is how you can maximize your technological investment and benefit from some truly useful technology in the right hands.
[1] See "Predictive Coding: Angel or Demon" The Digital Advantage, March 2011.
