Chances are you’ve heard the statistic that around 95 percent of lawsuits are settled before trial. Therefore, it isn’t surprising that the practice of early case assessment (ECA) was routine in law firms and legal departments around the country as far back as the days of paper and filing cabinets.
Except, that’s not entirely true for the modern lawyer . In fact, in the decade since paper has shrunk to the margins of a case, replaced instead by terabytes of electronically stored information (ESI), attorneys have been reluctant to utilize the ECA technology increasingly available to them. Some instead turn to technology assisted review (TAR), while others avoid the practice all together.
