The rise and rise of predictive coding

On the basis that when America sneezes, the rest of the world catches a cold, it is as well to take note of happenings across the water.

Sharon Nelson’s Ride the Lightning service keeps me abreast of developments in the US.  Sharon’s latest piece entitled ABA Survey Shows Rapid Rise in Predictive Coding [Ride the Lightning, 21st August, 2012] highlights the publication of the most recent volume of the ABA’s Legal Technology Survey Report: 2012 Litigation and Courtroom Technology (Volume III).

The good news, if you are a vendor, is that there has been a 53% rise in the number of attorneys using predictive coding. The bad news is that most people cannot agree what constitutes predictive coding and what does not.

What is clear is that the use of predictive coding is on the rise with 44% of large firm attorneys (define that how you will) admitting to its use. Sharon says that keyword searching is still alive and kicking and she believes this state of affairs will continue until the cost of predictive coding falls.

Fall it surely will and there is some evidence of that happening already, but frankly, to be able to identify within a few days the likely relevant documents by reviewing only a fraction of the documents available, which may run to millions, while at the same time reading into the case, must be good value (particularly so, if the lawyer can then charge her client for her time in conducting the initial review).

Not suitable for every case, I will readily admit, but where it is suitable, what is there not to like?!