Hear that rumble? It’s the bench’s mounting frustration with the senseless, slipshod way lawyers approach keyword search. It started with an observation from federal Magistrate Judge John Facciola, who sits on the U.S. District Court in Washington, D.C., that keyword search entails a complicated interplay of sciences beyond a lawyer’s ken. He said lawyers selecting search terms without expert guidance were truly going “where angels fear to tread.”
Federal Magistrate Judge Paul Grimm, who sits in Maryland, has called for “careful advance planning by persons qualified to design effective search methodology” and testing search methods for quality assurance. “The party selecting the methodology must be prepared to explain the rationale for the method chosen to the court, demonstrate that it is appropriate for the task, and show that it was properly implemented,” he declared.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
