Document discovery is one of the most important and costly phases of civil litigation and regulatory investigation. Predictive coding can improve the quality and reduce the cost of document review and production in appropriate cases that depend on multiple factors, including schedule and timeline, volume and type of electronically stored information (ESI), parties and counsel, and jurisdiction and jurist.
While case law involves situations where millions of documents are subject to review, predictive coding is used for lower volumes of documents. One of the advantages of using predictive coding for internal investigations is that there are no disclosures to make or protocols to negotiate, which can be time-consuming and expensive.