My co-panellists were a mixture of experts in statistics and lawyers whose daily work involved the use of technology assisted review. I elected to talk about the requirements of the rules (both the US rules and those of England and Wales) which require parties to be proportionate in all that they do.
Proportionality is the balance between cost, risk and benefit, and I drew attention to Judge Peck’s emphasis on proportionality in his Da Silva Moore opinion; that was primarily about predictive coding, but Judge Peck’s observations on proportionality and cooperation were no less important than what he said about predictive coding.
This subject deserves expansion, and kCura has organised a webinar at which kCura’s Constantine Pappas (who moderated the Chicago panel – picture left) and I will discuss proportionality in the context of technology assisted review.
This webinar has now taken place. I will provide a link to the recorded version when it is published. This post was moved from https://chrisdale.wordpress.com