Using predictive analytics technology, which includes data modeling and mining and machine learning, is often referred to as predictive coding or technology assisted review in the legal industry. Using predictive analytics has been increasing over the last five years, but it still hasn't hit mainstream.

For the next five years, Magistrate Judge Peck, of the U.S. District Court for the Southern District of New York, predicted at the International Legal Technology Association's educational conference in Nashville that “courts will likely say that TAR must be used instead of keywords. If a party wins and does not use TAR, its cost reimbursement could be declined because TAR is cheaper. The so-called gold standard of eyes on review of every document is not the gold standard by any means. Predictive coding, TAR, when done right, has a much better and much cheaper result than manual review, keywords or anything else.”

In Peck's prediction, LTN asked two industry veterans “How will predictive analytics affect the legal industry?” and “What is holding the industry back from wider adoption of predictive coding?”:

  • Geoffrey Vance is a partner at McDermott Will & Emery and head of McDermott Discovery, a firm-wide practice group that delivers a full suite of discovery services.
  • Tom Groom is vice president and discovery engineering expert at D4, a New York-based national provider of electronic data discovery, computer forensics, information governance, managed services, litigation support and deposition services to law firms, corporations and government agencies.

LTN: Judge Peck predicts, “In approximately five years or less courts will likely say that TAR must be used instead of keywords.” I continue to hear that “keywords are dead” from the judiciary, colleagues and other legal professionals. What do the two of you think? Is it “keywords are dead” or “long live keywords”?