Typical Objections to Using Predictive Coding

Consistent Review Criteria

Users indicate that any errors identified during the coding of the sample set will be amplified across the document population.

True Predictive Coding solutions (e.g. Servient eDiscovery solution) include an integrated refinement process that continuously learn and adjust to drastically improve document coding accuracy.

 

Plaintiff’s Attorney have an incentive to cast a wide net when looking for potential documents

Anybody have any thoughts to address this issue?

 

Defensibility in court.

For Predictive Coding to be effective, its use must be defensible in court.

In February 2012, Judge Peck provided what many people described as
the first judicial opinion in which a court has expressly approved the use of computer-assisted review. He specifically wrote, “This judicial opinion
now recognizes that computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases.”

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