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Predictive Coding: What Is It?
and Why Use It?
October 2014
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Agenda: All About Predictive Coding
1. Other Names2. What Is It?3. How Does It Work?4. Why Not Just Review Documents Manually?
○ Because Predictive Coding Saves Time5. Why Not Just Search for Documents?
○ Because Predictive Coding Does More○ Because Searching Misses a Lot
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Been Hearing ‘Predictive Coding’ A Lot?
Can be called:● Predictive coding● Predictive rating / ranking● Technology-assisted review (TAR)● Machine learning
Becoming a necessary litigation technology:● Due to the growing size of the average
legal case
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Why Predictive Coding?
But what is predictive coding, and why should you care?
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What Is Predictive Coding?
● A legal technology● Often provided by ediscovery vendors● Software that aims make accurate predictions
about the importance of legal documents, based on human input
● Has goal of making a ‘first pass’ on documents, to make reviewers’ time more effective and efficient
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How Does It Work?
Process:1. Document reviewer(s) rate(s) a small
set of documents as “important” or “not” to a legal case
2. Software analyzes the documents deemed “important” - along a number of dimensions - to find other documents also likely to be important
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Why Not Just Review Documents Manually?
Reviewing all case documents is often not realistic.
● Producing party: ○ Often have document collections so large
that it’s impractical to look at every document individually in responsiveness review
● Party receiving large productions: ○ Faced with similar problem○ Need to prioritize documents for review, even
if planning on looking at each one eventually
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Because Predictive Coding Saves Time!● The software can examine each document, to identify the
ones most likely to be responsive to your case ● That information can then be used to prioritize and speed
up manual review — and sometimes even eliminate the need for it
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Why Not Just Search for Documents?
Reviewers can search for documents, so why do you need predictive coding?
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Because Predictive Coding Does More!
Searching:● Finds documents
related by small portions of content
Predictive Coding:● Finds similar documents
holistically, based on full content and context
● Learns patterns and features that distinguish important from irrelevant documents
Replacing that kind of nuanced seeking with search terms would be almost impossible.
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Because Searching Misses A Lot!
Imagine you’re at the library, looking for information on impressionist art:● If you search the library catalog for
“impressionism,” you’ll find books with “impressionism” in the name, or listed as the book’s subject
● What you likely won’t find are broader surveys of art history — of which impressionism is a part — or books about specific artists like Manet
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Because Searching Misses A Lot!● Searching legal documents is just like that: it only turns
up a small portion of what would be relevant
● Using predictive coding is like consulting an experienced librarian: ○ Her encyclopedic knowledge saves you from having
to read every book to find just the one you want○ Her recommendations consider many parts of a
book (plot, setting, tone, genre, era, and more)
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Because Predictive Coding Is Thorough!
● Predictive coding doesn’t just look at a document’s most unique words or its recipients
● It looks at all of the document text and metadata
This is a powerful approach that makes it far superior to either search or manual review.
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● Questions about Predictive Coding? Read more here: http://blog.everlaw.com/2014/10/03/predictive-coding-what-is-it-and-why-use-it
● Want to see Predictive Coding in action? Schedule a walk-through: http://www.everlaw.com/contact_form.html
Learn More!