Download Solving the Transparency Issue in Technology Assisted ReviewBy John Tredennick, Esq.

Continuous Active Learning Eliminates Concerns about Disclosure

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.

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