Predictive coding

Just a few weeks ago, Magistrate Judge Andrew Peck (S.D.N.Y.) spoke to several hundred people at LegalTech New York about the importance of predictive coding for the future of electronic discovery. He expressed his hope that a federal court would, sooner rather than later, officially encourage using the technology in a case.

Shortly after participating in the panel, Judge Peck fulfilled his own wish. Last week, he became what appears to be the first federal judge to order litigants to use the cutting-edge technology in a case.

Let’s look at the details, as well as take a little refresher on predictive coding…

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LegalTech New York finished up earlier this week. I survived with only a minor case of technology loop, although my iPhone was begging for mercy by the end.

The conference was frenetic, to say the least. There was a lot going on, regarding a cornucopia of technological topics and tools to help lawyers. As expected, the biggest hype revolved around predictive coding and computer-assisted review.

The legal technology world has been buzzing about this stuff for a while now, and we have covered it on these pages several times before. (Here and here, for starters). At the conference, attendees got to hear from the naysayers, the enthusiasts, and everyone in between. Several panels helped explain exactly what the technology means on a practical level. And no, cyborgs will not be stealing all the contract attorney jobs any time soon.

One of this week’s highlights was a lunchtime panel featuring two prominent attorneys and a New York magistrate judge. The discussion helped clarify, demystify, and define the terms that have been making headlines (even in the New York Times) for a good part of the past year. Is computer-assisted review as scary as it seems? Of course not.

Let’s see what the panelists — and at least one irate audience member — had to say….

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Judge Andrew Peck

Keyword searching is absolutely terrible, in terms of statistical responsiveness.

– Magistrate Judge Andrew Peck (S.D.N.Y.), in a panel today at the LegalTech conference. He spoke alongside Wachtell Lipton counsel Maura Grossman and Jackson Lewis partner Ralph Losey, on a panel that aimed to demystify cutting-edge, computer-assisted e-discovery technology. Peck is a vocal proponent of computer-assisted discovery and predictive coding. He is not a fan of the slightly older keyword-searching technology.

(A few minutes later, Losey had another strong opinion to add. See what was said, after the jump.)

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The normally tepid e-discovery world felt a little extra heat of competition yesterday. Recommind, one of the larger e-discovery vendors, announced Wednesday that it was issued a patent on predictive coding (which Gabe Acevedo, writing in these pages, named the Big Legal Technology Buzzword of 2011).

In a nutshell, predictive coding is a relatively new technology that allows large chunks of document review to be automated, a.k.a. done mostly by computers, with less need for human management.

Some of Recommind’s competitors were not happy about the news. See how they responded (grumpily), and check out what Recommind’s General Counsel had to say about what this means for everyone who uses e-discovery products….

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From “concept searching” to “cloud computing,” every year there are new buzz words and catch phrases that enter into the lexicon of legal technology. Of course, when you are dealing with technology of any sort, you should expect to update jargon regularly (such as from 3G to 4G to 5G, whatever that means).

2011 is shaping up to be no different. This year’s “it” phrase is already emerging in the industry. It evolved from the buzz words of yesteryear, and if this new phraseology is worth its salt, these new advances could drastically change how law is practiced for years to come.

So what is legal technology’s newest terminology?

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