Many of our listeners will know the term Technology-Assisted Review (TAR) by its more common nickname, “predictive coding.” Lawyers and judges alike need to pay attention to TAR due to potential changes to the Federal Rules of Civil Procedure (FRCP) coming up in December 2015. And since almost all courts accept when lawyers utilize TAR for document review, it is important to keep up.
In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Andrew Peck, an expert in issues relating to electronic discovery. Together they discuss the current state of technology-assisted review, how FRCP amendments will affect the way lawyers do discovery, and best practices when using TAR. Judge Peck explains the origin of using “technology-assisted review” as terminology over “predictive coding” or “computer-assisted review.” He explains that training the TAR program effectively is important, but the technology has progressed to a point where TAR will be successful as long as the training is sufficient and the scope of the team is in line. Finally, since the predictive coding programs are very expensive he explains when a case is big enough to warrant its use. Stick around to the end for a tip on using Federal Rule of Evidence 502 in court.