Whether labeled technology assisted review (TAR), predictive coding, or any of the other catch phrases floating around in the e-discovery ether, the concept of using computer power to enhance document review efficiencies while lowering costs has firmly entrenched itself into the litigation mainstream. You can’t escape reading or hearing about it if you wanted to. Webinars, email blasts, and a myriad of newspaper and magazine articles all are broadcasting a similar message: If you are not utilizing some magical “black box” solution, you will be left hopelessly by the roadside as the “lawyers who get it” leave you in the dust.
But for those of you standing on the side of the road, don’t feel left out because of all the recent excitement. While there is little doubt that TAR has a more prominent role in document review today than it did even one or two years ago, the use of technology to enhance document review has been developing for the past 15 years. The reality is that TAR is not all that new, and the fundamentals of a successful document review still remain the same. TAR will never replace the human intelligence, judgment and experience that is required to design sound and defensible workflow practices.
