Defending a legal malpractice action can be expensive - especially when the underlying representation involves a complex transaction or litigation that spans several years.  E-discovery costs are often a big reason why.  Recently, however, litigants have turned to a technology called predictive coding to help them stem the tide. 

Scott Vernick and I just collaborated on a Guest Comment in the Philadelphia Business Journal entitled Power of Predictive Coding, where we described how the technology works:

Predictive coding, also known as technology-assisted review, allows attorneys to train their computers to find the relevant documents for them. The attorneys review a small subset of the universe of electronic documents, and tag them for relevance. The computer software, which can "read" the sample documents, uses sophisticated algorithms to identify common patterns and pull out other similar documents from the collection. The attorney repeats the process, each time "training" the software to become more and more adept at separating the relevant documents from the irrelevant ones.

If predictive coding sounds like it might be useful to you (and, trust me, if you have a mountain of e-mails to review and produce, it will), check out our article Predictive Path: A Road Map To Get Your Judge To "Yes" On Technology-Assisted Review from Law Technology News, where we provide a blueprint for obtaining court-approval of this cost-saving tool.

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