1. The Team Players and Play in a Complex Document Review Project: Past, Present and Future
Ralph C. Losey, Jackson Lewis Principal and National e-Discovery Counsel.
Jackson Lewis, P.C., Labor and Employment firm with over 800 attorneys located in 56 offices around the country.
Supervises and develops standardized best practices.
Sub-Specialty is the use of “Active Machine Learning” to assist in search for relevant evidence.
Ralph C. Losey
Jackson Lewis
Phone: (407) (cell)
Author, Six Books on e-Discovery by ABA and West-Thompson.
Creator of Open-Sourced Methodology for AI-Enhanced Document Review - TARcourse.com & general e-discovery practice at EDBP.com.
Author/Publisher of e-DiscoveryTeam.com and AI-Ethics.com.

2. Doc Review in the Dark Ages: 1980-2000
Bloody Paper Nightmare
Paper cuts, staples, burns, holes, clips, yellow stickies
All Docs Were Filed by Expert Custodians
High-Tech = Copiers, Fax
Key Players and Roles
Most lawyers were Men with the “Boys” in charge of Doc Review
Women still did most of the work, often the real SMEs.
Secretaries (remember them?)
Paralegals
Acted as Project Managers

3. Doc Review in the Dark Ages: 1980-2000
ALL PAPER in almost all projects until late 90s.
Keyword Search by late 80s.
1986: Blair & Maron – 75% thought found; actually 20%
Big Project was 100,000 docs, 1,000,000 pages.
All Linear Review
2,000 Relevant Docs Found – 2%
Estimated Recall = 25%-50%
Privilege Log – 50 docs
10 Highly Relevant Docs – 0.001%
Estimated Recall = 80%
No Preservation Holds
No Spoliation Cases
Were parties & lawyers more honest?

4. Doc Review in the Dark Ages: 1980-2000
Players & Play
Opposing Counsel & Rules Start the Process
Client Owns & Knows the Data
Senior Associate or Jr. Partner (often did collection)
In charge of doc review.
Studies the Request of Opposing Counsel
Makes Objections & Motions
May never even talk to Opposing Counsel until Hearing on Motions
Judge Rules on Motions
Review Staff who Skim the documents
New Associates
Paralegals
Litigation Secretaries
Bate Stampers!
Paper Documents
Usually in labeled Folders and Boxes
Reviewed and stacked them them into Three Piles: Irrelevant, Relevant, Hot

5. Doc Review Today: 2018 All Ephemeral: 0s & 1s Everyone is a Custodian
Paper Cut Nightmares replaced by the Missed Privileged and Spoliation Fears
Families with Orphans & Irrelevant Children
Everyone is a Custodian
High Tech = Online Reviews and AI Machine Learning
ESI Review has become a Legal/Technical Specialty
Statistics & Information Science
Prevalence, Recall, Precision, F1
Project Management, QC & QA
Key Players and Roles
New Importance of SMEs and Technology
Are Contract Review Lawyers the New Secretaries?

6. Doc Review Today: 2018 Big Project is 100 Million ESI files
Nobody Counts Pages
Linear Review is Almost Dead
Hybrid Multimodal IST Predictive Coding 4.0 (TARcourse.com)
20,000 Relevant ESI Found – .02% (was 2,000 docs & 2%)
Estimated Recall = 80% (was 50%)
Privilege Log – 500 files (was 50)
12 Highly Relevant Docs – % (Was 10 and 0.001%
Estimated Recall = 100% (was 80%)

7. Doc Review Today: 2018

8. Doc Review in Future and Far Future – 2028, 2038

9. Prepare Now for Tomorrow
“Thus the first ultraintelligent machine is the last invention that man need ever make,
provided that the machine is docile enough to tell us how to keep it under control.”

10. AI-Ethics.com

11. One Last Book Recommendation
“AI will take over more and more of the decision-making territory once occupied by humans.”
“Machines are becoming so capable that, today, it is hard to see the higher cognitive ground that many people could move to.”
“Work in the age of smart machines means constant change and adaptation.”
“The key isn’t competition but instead “augmentation,” in which “humans and computers combine their strengths to achieve more favorable outcomes than either could alone.”

13. e-
over Sixty
800+