Attorney Phillip Fowler comments on predictive coding in recent Indiana Lawyer article
In a recent article in The Indiana Lawyer, Bingham Greenebaum Doll LLP attorney Phillip Fowler commented on the coming wave of predictive coding to be used in electronic discovery. The article explores both the benefits and limitations of the technology, which uses computer software to separate responsive documents from non-responsive ones. The article also gauges the comfort level that several attorneys and judges associate with using the technology in litigation. An excerpt of the article is below.
Excerpt from ‘Attorneys discover predictive coding’
Both Papageorge and Phillip Fowler, partner at Bingham Greenebaum Doll LLP, outlined how predictive coding sorts the documents. Basically, an attorney will examine a seed set of documents and separate the relevant from the non-relevant. Then using this template, the algorithm is adjusted until the software can similarly identify relevant and non-relevant data.
Afterward, the attorney can review all documents that the computer selected as responsive or review a sample of those documents to test for quality – and to guard against privileged information being released – before turning the information over to opposing counsel.
“I see it as an opportunity for us to provide services we need to provide to our clients but at a reduced cost,” Fowler said.