TAR, also known in its long form as technology assisted review, is nothing new. Some e-discovery practitioners and companies have been selling the concept since the beginning of the decade; the idea of automation in e-discovery has been around even longer. So why isn't the idea fully catching on?

EDRM believes it knows, and that it has the formula to encourage adoption. The e-discovery standards-setting organization, which became a part of Duke Law School late last year, is in the process of creating TAR guidelines for use by the federal judiciary and both the plaintiffs and defense bar. The guidelines will contain both a general overview of TAR usage and “describe the nuts and bolts of TAR,” according to John Rabiej, director of the Center for Judicial Studies at Duke University.

EDRM last week held a conference heavily focused on TAR usage, which was attended by 15 federal judges and both plaintiffs and defense lawyers. Rabiej told Legaltech News that although there was some disagreement about what should be in potential TAR guidelines, one thing was clear: the time is now to adopt them.