E-Discovery: Don’t Be Afraid to Be Smart—Select While You Collect

In this Law Technology news article, attorney Joel Henry (IT / legal advisor, and professor of Computer Science and Law, University of Montana) suggests that the ESI data selection process can be made more cost efficient and yield better results through the use of a “smart collection” process over culling during collection and review efforts. The author notes that many legal teams erroneously equate preservation and collection efforts resulting in an approach in which everything that is preserved is put through the review process and winnowed down via a culling exercise. The author suggests an alternative approach, specifically a “smart collection process” which selects the ESI that is most likely to be relevant and allows for “repeatable, traceable, measureable collection to occur as many times as needed.” Mr. Henry provides an overview of the smart collection workflow which begins with the use of written issues and desired information rather than key words and utilizes tools which “employ computational linguistics and natural language processing to collect those electronic items containing concepts that match issues and desired information.” The author indicates that smart collection is less prone to human error than predictive coding which relies on the use of seed sets.

Read the full article here.

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