Will Judges Think It Is Okay To Use Clustering and Suggestive Coding Tools?


Listen to Karl Schieneman, Director of Analytics and Review with JurInnov, talk about a very hot electronic discovery topic.   When will the judiciary offer guidance to parties on whether it is okay to use advanced technologies to do a better and less expensive job finding relevant ESI as compared to using keywords to fish haphazardly for ESI?  For this show we have both Judge Facciola and Judge Grimm, two leading experts on electronic discovery who can talk about this issue from the Judiciary’s perspective. Also joining us are Maura Grossman, an E-Discovery counsel with New York based Wachtell Lipton and the head of TREC which for the last half dozen years has sponsored contests to evaluate search and retrieval techniques, and Chris Dale, a technology expert and former solicitor from the UK, a legal system which has already issued opinions recommending that two parties in a case consider using advanced technologies to reduce the burden of organizing ESI to produce it to the other side.

This should be a very interesting show because defensibility concerns seem to be the largest reason lawyers in the U.S. have not embraced new technology approaches to finding and organizing ESI. That’s what surveys say and that is what my experience has confirmed as I have spoken to hundreds of lawyers across the country and asked them this same question. While we don’t have a decision on this issue, we will have the opportunity to maybe get a few “smoke clouds” or signals from the panel on what their impressions are towards using newer technologies.

Recorded 12/20/2010