‘Document Tsunami’ Driving Lawyers to Upskill in TAR

Extract from article by Emma Ryan

Speaking about the process of Australia approving TAR in e-discovery, Justice Vickery highlighted its importance in helping to combat the “document tsunami” playing out in court.

“A commercial bank these days will produce approximately 2 terabytes of information every second. That is electronically stored information, or ESI. Imagine suing a bank in those circumstances, where a pile of 80,000 telephone books, or all episodes of The Simpsons (which is about 350 episodes) constitutes about 1 terabyte.

“In this context, which is quite extraordinary and quite new for us, the only real way to tackle this problem is to use the computer to beat it at its own game. This is the only way that we can hope to manage litigation involving large volumes of documents on this scale. It then becomes a question of the most appropriate technologies to be used for the process of identifying and managing the relevant documents in such a potentially vast pool.”

Justice Vickery pointed to a case where he made an order for the use of TAR, discussing how its implementation paid off in spades.

“As I described it to the judge in question, it would take 30 summer clerks pushing trolleys and lapping the Victorian Supreme Court library twice to carry all of the documents involved to the court in hard copy. The discovery in that case clearly had not been undertaken satisfactorily.

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