Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

Technology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR process. 

Specifically, when courts approve requests to use TAR, they often set the condition that counsel disclose the TAR process they used and which documents they used for training. In some cases, the courts have gone so far as to allow opposing counsel to kibitz during the training process itself.

Attorneys fear that this kind of transparency will force them to reveal work product, thoughts about problem documents, or even case strategy. Although most attorneys accept the requirement to share keyword searches as a condition of using them, disclosing their TAR training documents in conjunction with a production seems a step too far.

Thus, instead of using TAR with its concomitant savings, they stick to keyword searches and linear review. For fear of disclosure, the better technology sits idle and its benefits are lost.

But what if there was a way to avoid the transparency issue altogether while still allowing you to use TAR? In an article I just published in Bloomberg BNA’s Digital Discovery & e-Evidence, I explain how the use of continuous active learning solves TAR’s transparency problem. The full article is below.


 

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About John Tredennick

A nationally known trial lawyer and longtime litigation partner at Holland & Hart, John founded Catalyst in 2000. Over the past four decades he has written or edited eight books and countless articles on legal technology topics, including two American Bar Association best sellers on using computers in litigation technology, a book (supplemented annually) on deposition techniques and several other widely-read books on legal analytics and technology. He served as Chair of the ABA’s Law Practice Section and edited its flagship magazine for six years. John’s legal and technology acumen has earned him numerous awards including being named by the American Lawyer as one of the top six “E-Discovery Trailblazers,” named to the FastCase 50 as a legal visionary and named him one of the “Top 100 Global Technology Leaders” by London Citytech magazine. He has also been named the Ernst & Young Entrepreneur of the Year for Technology in the Rocky Mountain Region, and Top Technology Entrepreneur by the Colorado Software and Internet Association. John regularly speaks on legal technology to audiences across the globe. In his spare time, you will find him competing on the national equestrian show jumping circuit or playing drums and singing in a classic rock jam band.