Technology & E-Disclosure
How Predictive Coding is Changing the Legal Landscape
Predictive coding, a type of machine learning technology, has the potential to dramatically reduce the cost of the e-disclosure process. It has been gaining wider acceptance in the UK, although it has been used for several years in the US.
The first formal judicial endorsement of the use of predictive coding in e-disclosure came from Master Matthews in his High Court ruling in the Pyrrho Investments v MWB Property Ltd case. Noting the excessive cost and time required to manually review documents, the judge approved predictive coding as acceptable for navigating the millions of electronic documents involved in the case. This landmark decision is likely to impact e-disclosure costs and proportionality arguments in UK courts, and increase the willingness of legal teams to use predictive coding in document reviews as part of a wide range of disputes and investigations.
"Predictive coding works by analysing the coding decisions made on a sample document population, and extrapolating those decisions across the wider population."
With document sets growing exponentially, lawyers are struggling to get through the data in an efficient and defensible manner. Predictive coding works by analysing the coding decisions made on a sample document population, and extrapolating those decisions across the wider population. Uses for this technology range from review prioritisation to the automated culling of non-responsive documents. While predictive coding can help make review calls which are traditionally made by humans, lawyers must select tools that allow control and provide transparency into how results are obtained.