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By Herbert L. Roitblat, Ph.D.

In many ways it is gratifying that so much attention is being paid to measurement in eDiscovery. The late Macyl Burke is, I think, most responsible for bringing measurement to the attention of attorneys. For as long as I knew him, the assessment of quality was always one of his top priorities, and one of his major missions was to bring that priority to eDiscovery. I very much want to promote the idea of measuring the outcome of eDiscovery, but for measurement to be useful, it has to be practical, reasonable, consequential, and understandable. I think that measurement has drifted away from its useful goals and become something that we do in eDiscovery mainly because we think we should. Worse, I think that it has become something of a distraction.

The goal of eDiscovery is not to achieve certain measures but to effectively identify the responsive documents. I fear that measurement has become an end itself, rather than a means to effective eDiscovery. Perhaps worse, there is a risk that parties may use measurement as a weapon in eDiscovery, imposing unreasonable burdens for dubious value. It’s time to bring a little more rationality to our measurement methods in eDiscovery.

 

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