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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By John Tredennick
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.