The Society for Computers and Law has published on its website an article by Greg Wildisen, International Managing Director at Epiq Systems with the title E-disclosure: Training Technology.

Epiq offers predictive coding through the integration of Equivio’s Relevance product into Epiq’s IQ Review, a mixture of technology and consultancy services. Greg Wildisen summarises briefly the story behind Judge Peck’s Opinion in Da Silva Moore v Publicis Groupe which approved the use of predictive coding technology in a case in which parties had agreed to use the technology, and considers the likely reaction when this type of technology is used in UK proceedings.

He focuses on the significance of analysing non-relevant as well as relevant documents and, potentially, of doing so cooperatively with opponents in order to win agreement about the validity of the process. He thinks it possible that lawyers may object to the disclosure (in the broadest sense of that term) of documents which are not strictly required in the present litigation, not least because of implications for future cases.

I am reasonably optimistic about this, partly because (as Greg Wildisen makes clear) judges have discretion to make whatever orders they think appropriate for the better conduct of the case before them, and partly because clients’ objections are likely to whither in the face of the enormous potential for cost savings – they will be willing to give a little to gain a lot or, at least, to make a proper assessment of the risks against the advantages

We shall see. Meanwhile, Greg Wildisen’s article is a good short summary of implications which UK lawyers and their clients should be thinking about.

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