On December 19, 2016, Executive Managing Partner Daniel Garrie published the third article in his column “The Neutral Corner” on Thomson Reuters’ Legal Executive Institute blog. The article is titled “The Neutral Corner: Recapturing the Benefits of Predictive Coding by Using an eDiscovery Special Master”.
Following a New York federal court’s approval of predictive coding in the Rio Tinto case, attorneys are increasingly using predictive coding to expedite discovery when faced with large quantities of documents.
While predictive coding can save significant time and money in discovery, parties often disagree on the methods and protocols for implementing it, potentially negating the time and cost savings. Courts or the involved parties may want to push for the appointment of an eDiscovery Special Master as early in a case’s lifecycle as possible to mediate protocol disputes and provide guidance on technical issues, hopefully recapturing the benefits of predictive coding and saving the parties time and money.
The graphic When to Use a Technical E-Discovery Special Master further illustrates the questions to ask to determine whether you may need to retain a Technical E-Discovery Special Master.