Iowa Law Review "The Uncertain Promise of Predictive Coding"

With all the articles surrounding the value of predictive coding, its always good to hear cautionary opinions on the subject as well. This 2014 Iowas law review article – 99 Iowa L. Rev. 1691 (2014) – cautions the courts, lawyers, and commentators to proceed with deliberate care in the use and adoption of predictive-coding technologies.
The profession’s current approach to predictive coding may be problematic, giving rise to three sets of dangers: (1) by ignoring outstanding and contested issues regarding the design and use of these technologies, lawyers are blinding themselves to significant variation in functionality and efficacy; (2) by deferring to the opinions of computer scientists and vendors, the bar is ceding jurisdiction to self-interested parties; and (3) by altering relevant ethical standards to facilitate the technologies’ use, lawyers are weakening the protections and legitimacy of our adversarial system.
To be sure, as the technology and case law develops, these issues will be sorted out since predictive coding and AI are here to stay. NightOwl Discovery continues to be a thought leader in this area with our new Legal technology AI Lab (virtual sandbox for multiple technologies).