"It’s hard to predict things, especially the future." Yogi Berra
Well, actually, it’s not all that hard to see that predictive coding is the future some call it a game changer as courts begin to accept, even require it. But here’s my prediction: Predictive coding is a cool new tool, but it will not solve the basic problem. Discovery will remain expensive; parties will remain combative; and courts will remain perplexed as they try to sort things out. As Pogo so aptly put it, "I have met the enemy and it is us." We lawyers are the problem. New tools are nice, but new attitudes would be better.
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