Lawyer Certification on Predictive Coding

The eDiscovery Solutions Group Weekly Poll that ran from March 26, 2012 to April 2, 2012 asked whether or not lawyers should be able to explain the general technical and statistical mathematics supporting Predictive Coding to be able to utilize Predictive Coding during the eDiscovery and document coding process.

25% of the respondents to this poll indicated that lawyers should be famailiar with Predictive Coding to utilize it during the eDiscovery and document coding process. 62% of the respondents to this poll indicated that lawyers should be somewhat familiar with Predictive Coding to utilize it during the eDiscovery and document coding process.  And, 12% of the respondents to this poll indicated that lawyers should not have to be familiar with Predictive Coding to utilize it during the eDiscovery and document coding process.

Given the fact that Judge Peck's decision is still being digested and there continues to be debate among the "technical experts" within the industry about the vetting process for Predictive Coding, many may not think that it is way too early to start worrying about whether or not lawyers understand the technical nuances of this new technology.  However, I am not sure that the ABA Commission on Ethics would agree that "it is not yet time" as they are already addressing the question of what level of competence lawyers must have in applying IT concepts to the practice of law.

The technology of eDiscovery in general has leapfrogged any technology issues that most litigators have had to understand in the past.  And, Predictive Coding and all of it's cousins in computer assisted eDiscovery and search, may in fact have leapfrogged the eDiscovery technology of just 2-3 years ago.

I am sure that the courts and the industry will fully vett Predictive Coding and develope the appropriate best practice for when and how it should be used.  And, I am sure that ABA will figure out what level of competence lawyers must have in applying Predictive Coding.  I just have to wonder if the results of this process isn't a tipping point for a changing of the guard within the legal ranks?

And, since this whole "thing" is about providing equal access to the judicial system and adequate representation, let's hope they all get it right.  Certification on Predictive Coding for lawyers or not.

Click Here to review the results of this poll and the results of all of the eDSG Weekly Polls on hot topics within the eDiscovery and Information Governance market.

Labels: ABA, ABA Standing Committee on Ethics and Professional Responsibility, American Bar Association, eDiscovery, Predictive Coding

posted by Charles Skamser @ 12:26 PM