The Negative Consequences of ‘Da SIlva Moore’

Extract from article by Ralph Losey

Predictive coding methods have come a long way since Judge Peck first approved predictive coding in our Da Silva Moore case. The method Brett Anders and I used back then, including disclosure of irrelevant documents in the seed set, was primarily derived from the vendor whose software we used, Recommind, and from Judge Peck himself. We had a good intellectual understanding, but it was the first use for all of us, except the vendor. I had never done a predictive coding review before, nor, for that matter, had Judge Peck. As far as I know Judge Peck still has not ever actually used predictive coding software to do document review, although you would be hard pressed to find anyone else in the world with a better intellectual grasp of the issues.

I call the methods we used in Da Silva Moore Predictive Coding 1.0. See: Predictive Coding 3.0 (October 2015) (explaining the history of predictive coding methods). Now, more than five years later, my team is on version 4.0. That is what we teach in the TAR Course. What surprises me is that the rest of the profession is still stuck in our first method, our first ideas of how to best use the awesome power of active machine learning.

This failure to move on past the Predictive Coding 1.0 methods of Da Silva Moore, is, I suspect, one of the major reasons that predictive coding has never really caught on. In fact, the most successful document review software developers since 2012 have ignored predictive coding altogether.

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