Electronic discovery, or e-discovery as it is popularly known as, is a process of discovery whereby lawyers and their clients are able to exchange information in matters of civil litigation in an electronic or digital format. This process is, however, subject to applicability of local laws and regulations and is more than often, a rather expensive and time consuming method.

Most companies or attorneys involved in e-discovery prefer to use technology assisted review or predictive coding to ease out the time consuming and tedious task of reviewing extensive and large documents. These e-discovery companies claim that they can provide a substantial cut in the large document reviewing process thereby leading to cost reduction. This technique is based on probability algorithms which effectively and quickly recognize the most responsive and unresponsive documents in a particular collection. This practically reduces the time needed to review the documents manually and also these documents are more accurate and reliable.

Arguments In Favor Of Technology Assisted Review

Following are some of the reasons that can be accounted for the growing popularity of technology assisted review:

1. Predictive coding is extremely successful in reducing cost that were involved in manual review of the discovery process and this goes in favor of both clients as well as clients.
2. Since the process is highly automated, there is very less chances of getting any vital document missed from being reviewed and thus ensures that the review is highly accurate and is free of any human error.

Arguments by Opponents of Technology Assisted Review

Contrary to the arguments of the proponents, people opposing the application of technology assisted review in the process of discovery generally argue the following

1. Many doubters of this system argue the authenticity of the technology assisted review as the process is entirely automated and the review is entirely based on the discretion of the computer instead of human beings.
2. Another argument against application of this process is that the party producing all the documents may not be ultimately willing to make those documents available which have been termed as relevant and which it would not have ideally turned in, in case of a manual review process.
3. With technology Assisted Review you can relax that the cost of reviewing the documents reduces considerably especially in large volume cases. Also, the counsel need not worry about the first for judicial acceptance of Technology Assisted Review .

The process of technology assisted review was, for the first time ever, endorsed by the US Magistrate Judge Andrew Peck in the case of Da Silva Moore vs Publicis Groupe & ML Group in the year 2012. The court declared that even the technology assisted review is valid and acceptable way to search for the applicable ESI. Soon the number of attorneys relying on Technology Assisted Review is going to increase

The verdict was given keeping the important circumstances and facts in mind and there was a consent that parties will go through a process of numbering of the documents, predictive coding to review the documents in a cost effective manner.