Peer to Peer Magazine

June 2011

The quarterly publication of the International Legal Technology Association

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provide the user with the ability to search and locate all of their data (e.g., embedded objects, encryption, OCR of non-text documents, maintaining parent-child relationships, etc.) at the initial stage. An ECA tool that only processes subsets of data collections fails to provide the user with a complete review of information and can potentially create a non-defensible scenario if responsive data is not produced. More Discovery, Fewer Discoverers As we all know, the cost of document review is the most expensive part of the discovery puzzle. The concepts utilized in an ECA tool should apply to the entire process (i.e., from data identification to review and production). A highly efficient format should embody an integrated systems approach that leverages these types of enabling technologies along with analytic tools that correlate metadata and text in a variety of ways. Competitive document review workflows will need to incorporate flexible technologies such as conceptual search, data classification and clustering, statistical sampling, predictive coding and other defensible methods to dramatically reduce the quantity of documents that require attorney review. The mandate of the future is more Watson and fewer eyeballs. Currently, these tools are limited in scope and have a relatively narrow focus. They still do not readily handle data from all data sources (e.g., structured database data, informal communications such as text messaging, smartphones/PDAs and blogs) and are usually not enterprise-wide in their scope. However, we believe that these platforms will become more pervasive as the decreasing costs of storage and increasing network bandwidth remove many of the infrastructure limitations that such systems face. A Look Ahead ECA solutions are being marketed as stand-alone systems to aid in the collection and early review of data. However, it is our view that the concept of an ECA tool should apply to the entire discovery process (i.e., data identification to review and production), and that due to system limitations, scalability and scope, these first ECA systems basically shift the burden and costs of processing and searching to in-house counsel. More efficient formats will embody an integrated systems approach that leverages these enabling technologies, allowing significantly more powerful tools to be brought to bear, particularly in the early processing stages (i.e., decryption, removal of data protections, OCR, translation, Legal Calendar and Docketing — Could it be that easy? Docket Enterprise provides a comprehensive calendar and docket solution that is ideally suited for both litigation and non-litigation practice areas. 100 www.iltanet.org Peer to Peer See just how easy it is. Contact

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