TAR Course: 10th Class

Tenth Class: Introduction to the Eight-Step Work Flow

At this point in the Course we have already covered all nine insights. Now we will begin to review the revised eight-step workflow proper, which we call Predictive Coding 4.0 Hybrid Multimodal IST Method.

The eight-step chart provides a model of the Predictive Coding 4.0 methods. (You may download and freely distribute this chart without further permission, so long as you do not change it.) The circular flows depict the iterative steps specific to the predictive coding features. Steps four, five and six iterate until the active machine training reaches satisfactory levels and thereafter final quality control and productions are done.

Although presented as sequential steps for pedantic purposes, Predictive Coding 4.0 is highly adaptive to circumstances and does not necessarily follow a rigid linear order. For instance, some of the quality control procedures are used throughout the search and review, and rolling productions can begin at any time.

To fully understand the 4.0 method, it helps to see how it is fits into an overall Dual-Filter Culling process. See License to Cull The Two-Filter Document Culling Method (2015) (see illustrative diagram right). Still more information on predictive coding and electronic document review can be found in the over sixty articles published here on the topic since 2011. Reading helps, but we have found that the most effective way to teach this method, like any other legal method, is by hands-on guidance. Our eight-step workflow can be taught to any legal professional who already has experience with document review by the traditional second-chair type of apprenticeship training.

This final segment of our explanation of Predictive Coding 4.0 will include some of the videos that I made earlier this year describing our document review methods. Document Review and Predictive Coding: an introductory course with 7 videos and 2,982 words. The first video below introduces the eight-step method. Once you get past my attempt at Star Wars humor in the opening credits of the video you will hear my seven-minute talk. It begins with why I think predictive coding and other advanced technologies are important to the legal profession and how we are now at a critical turning point of civilization.

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Go on to Class Eleven.

Or pause to do this suggested “homework” assignment for further study and analysis.

SUPPLEMENTAL READING: Losey’s referenced article on Culling is a must read and will take a few hours to study carefully. License to Cull The Two-Filter Document Culling Method (2015). Also check out Ralph’s YouTube channel to check out some of the many other videos he has created over the years. https://www.youtube.com/user/RalphLosey.

You may have noticed in the video Ralph’s disdain for the settle everything culture of litigation today. Far less than one percent of federal cases actually go to trial. Look for articles by others that talk about this change in the law. What are the good and bad aspects of this reality for today’s “Trial Lawyers.”

EXERCISES: Consider Ralph’s dual assertions: (1) “predictive coding and other advanced technologies are important to the legal profession” and (2) “we are now at a critical turning point of civilization.” Agree or disagree with one or both of these statements? Why or why not? In the video Ralph states his belief that it is dangerous for the legal profession to NOT adopt the latest technologies, including especially the one that this course is about, predictive coding. Do you agree? Consider what could go wrong in society if “The Law” does not keep up. Aside from the information deluge and other dangers Ralph warns about, what other hazards do you see?

In the video Ralph states his goal is to make electronic document review “efficient, effective and easy.” At another point in the video, he says “efficient, effective and fair.” Do you see any tension between these goals? Consider what other goals lawyers should have for their document review projects. Using the specialized language of search science, what key metric is tied to efficiency? Tied to effectiveness? What standard measure tries to combine both effectiveness and efficiency? It is important that you know these text retrieval metrics.

The video also speaks of the possibility of a dawn of a new age of justice based on near certain knowledge of what really happened in the past, knowledge derived from access to ESI that records the facts. Find the article Losey wrote on that topic with a similar name. Then consider what obstacles there are to such a positive vision of the future. What can you do about it?

Getting to the actual methods, try explaining Losey’s “hybrid multimodal” search philosophy to someone. What questions do they have?

Losey mentions several unique abilities and qualities that human attorneys have, that machines do not. It was not meant to be an exhaustive list. What other unique human qualities were not on his list that are important to a lawyer’s role in society? To be more specific, limit the list to attributes important to document review?

Finally, we would like to hear what ideas, hopes and guesses you have about the future of law. Please share them in the comments section.

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!