Technology in Practice: The Blog

Technology in Practice is an annual litigation technology conference that provides educational and practical content for Canadian legal professionals. It is hosted by Commonwealth Legal and supported by our technology partners and fellow industry experts.

How Small and Mid-Sized Firms Can Leverage Review Analytics to Remain Competitive

Jan 20, 2017 8:42:05 AM | Sean Lynch

Small and mid-sized law firms face unique challenges when managing eDiscovery. Data volumes that seem manageable to a larger firm may be overwhelming to a boutique firm or sole-practitioner.

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Topics: ESI, eDiscovery, Analytics, Intelligent Review, Sean Lynch, Jessica Lockett

Five Reasons to "Friend" Predictive Analytics Tools

Dec 19, 2016 11:15:00 AM | Philippe Gollin

In an effort to support a legal profession with systemic challenges accessing technology, and barriers for accessing legal services, the American Bar Association (ABA) established a Commission on the Future of Legal Services. The Commission presented an Annual Report on August 6, 2016 with key recommendations. In its publication, the ABA wrote that, regarding the legal profession, the proliferation of technology, such as mobile apps and artificial intelligence that now does the work of multiple lawyers, continues to change how legal services can be accessed and delivered.

“We must open our minds to innovative approaches and to leveraging technology
in order to identify new models to deliver legal services. Those who seek legal assistance expect us to deliver legal services differently. It is our duty to serve the public, and it is our duty to deliver justice, not just to some, but to all.” 

- William C. Hubbard, American Bar Association President 2014-15

The legal profession as a whole stands to gain from predictive analytics. For legal professionals, predictive analytics is a strategic tool to anticipate risks, provision expenses related to litigation and assist in decision-making by providing helpful insight that will guide one into the right direction. It can also uncover hidden patterns, unknown correlations, and other useful business information...

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Topics: Philippe Gollin, Analytics

Top 5 Factors in Approving the Use of Predictive Coding Technology

Jul 19, 2016 4:11:32 PM | Philippe Gollin

According to the UK High Court

In a recent decision, the UK High Court in Pyrrho Investments1 (see full case here) endorsed for the first time the use of predictive coding. The Court laid out factors it considered in approving the use of predictive coding technology in the disclosure process:

  1. Costs-related benefits;

  2. The value of the claims made;

  3. If the parties agreed on the use of software and how to use it;

  4. There is no evidence to show that the use of predictive coding software leads to less accurate disclosure being given than, say, manual review alone or keyword searches and manual review combined, and indeed there is some evidence to the contrary;

  5. Greater consistency in using the computer to apply the approach of a senior lawyer towards the initial sample (as refined) to the whole document set, than in using dozens, perhaps hundreds, of lower-grade fee-earners, each seeking independently to apply the relevant criteria in relation to individual document

Because of the novelty of predictive coding technology in Canada, Canadian courts will be called upon to shed some light on the parties’ obligations relating to electronic disclosure.

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Topics: Philippe Gollin, Analytics