In this article, John Eustice discusses effective methods of working with opposing counsel to achieve positive results when using technology assisted review (TAR). After counsel have assessed the decision to use TAR for electronic data, the challenge is working with opposing counsel to ensure that the court accepts the results. "The best way to effectively use TAR is to confer with your opponent early in the case and make sure he or she understands the nature and cost of TAR," Eustice said. "The earlier you express proportionality concerns and come to at least nominal agreement on what is truly at issue in the case, the better equipped you will be to successfully use TAR in civil litigation." Eustice explains three key factors to address with adversaries when using TAR, including deciding the scope of documents to which TAR will apply, discussing where to place the cut-off for responsiveness, and agreeing on the method for validating the results. "Transparency and collaboration may strike you as difficult in the confines of civil litigation, but engaging opposing counsel on the use of TAR is the most effective way to realize a quality, large-scale electronic document production approved by the court." This article is the second in a three-part series concerning TAR.
Click below to access each of the articles in this series.
Using Technology Assisted Review in the Right Cases and in the Right Way
Avoiding Expensive Pitfalls and Achieving Cost Efficiency with Technology Assisted Review