The extraordinary recent technological innovations — in particular, the explosion in information volumes along with the computing power and analytics applications to make sense of that information — stand ready also to revolutionize how we search for and analyze evidence in litigation.
Powerful tools now exist that not only allow counsel to review and classify large volumes of information in an expeditious and relatively cost-effective manner (e.g., predictive coding), but also to do the important early detective work of ferreting out documents that can make or break a case (e.g., various other analytics applications). To be sure, only a small minority of litigation attorneys are using such tools. The question, however, is not whether legal professionals will adopt them, but when. In the meantime, those who do so may gain substantial advantages for their clients.
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