New technologies often offer lawyers a competitive advantage and provide legal managers promises of improved operational effectiveness. But at the same time, they also can introduce new challenges and potential problems. Such is the case with eDiscovery and predictive coding – a powerful tool applied to a sizable data set to identify similar or related electronically stored information (ESI) or documents deemed "hot" within the larger population.
Predictive coding is being employed with increasing regularity by corporations, their outside counsel and government agencies to facilitate the identification of potentially responsive data, reduce the review of non-responsive documents and, where appropriate, conduct quality control. However, organizations are encountering certain hot spots and blind spots connected with predictive coding that are cause for concern.