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.

Experts Serve Up Primer on Technology Assisted Review

Dec 14, 2017 11:17:27 AM | Marketing

Technology in Practice 2017 session, "TAR Trends Around the World", was recently featured in The Lawyer's Daily. Article written by Carolyn Gruske.

"As for the legal professionals who feel too intimidated to try TAR, the panelists all feel that’s not a legitimate excuse

If you’re not already using technology assisted review (TAR), now is the time to start learning about it.

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Topics: TIP Conference, Published Articles, TAR

Our Flawed Love of Keyword Searches

Sep 26, 2017 11:15:00 AM | Sean Lynch

In eDiscovery, lawyers often think they’re experts at crafting keyword search terms to reduce the volume of documents for manual review. Unfortunately, lawyers, and human beings in general, are not good at stringing together Boolean search terms that result in finding all relevant, or potentially relevant, documents.

The problem with developing highly-accurate keyword search terms is often caused by one of two things:

  1. The human tendency toward confirmation bias – “the tendency to search for, interpret, and recall information in a way that confirms one's pre-existing beliefs or hypotheses”. The Psychology of Judgment and Decision Making, p. 233

  2. Humans don’t know what they don’t know, or what I like to call, the “unknown unknowns”.

The result? Keyword search strings inherently miss the "unknown unknowns", and are therefore not complete.

Here's an example...

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Topics: Intelligent Review, Sean Lynch, TAR

Efficient Document Reviews Help Argue Costs

Sep 8, 2017 3:20:37 PM | Jessica Lockett

THE CASE:

There has been a lot of buzz about the Ernst & Young Inc. v. Essar Global Fund Ltd et al, 2017 ONSC 4017 (CanLII) Ontario Superior Court decision regarding the recovery of eDiscovery document review costs within the context of a bankruptcy proceeding under the Companies’ Creditors Arrangement Act (CCAA). While on the surface it may look like the Court attempted to liken apples to oranges by comparing the dissimilar outsourced review costs borne by each of the Applicant (“Algoma”) and the Defendant (the “Essar Defendants”), this is not the case.

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Topics: Intelligent Review, Jessica Lockett, TAR