Speed Bumps

In 2012, one topic dominated: predictive coding (aka technology-assisted review or computer-assisted review). So it’s a safe bet that as we gather at the Hilton New York for LegalTech 2013, it will be front and center.

But there is one sure sign that electronic data discovery is maturing: We’re starting to hear a bit more loudly from the skeptics. Perhaps "skeptics" is too severe a label; "cautious" may be a better moniker. I doubt that anyone under the age of 75 would seriously propose that TAR be abandoned, but credible folks are suggesting that we just might want to shift out of overdrive. Speed, after all, can have unfortunate consequences, they argue. Among those waving the yellow caution flag is United States District Court Magistrate Judge James C. Francis IV, of the Southern District of New York. In our Communiqué column, Francis calls for more "Judicial Modesty" when it comes to e-discovery. Jurists might want to hesitate before they jump into technology decision-making in cases. "At some point," he says, "judicial intervention morphs into judicial interference and ends up as a net burden on the litigation."