e-Lessons Learned

Unfortunately, the key word search is ineffective for e-discovery.  A keyword search often misses many of the relevant documents.  However, the keyword search is the current standard for searches.

Does anything work short of hiring an expert?

Jason Baron and Doug Oard of the 2009 TREC Legal Track research team are addressing the many questions plaguing the field of E-discovery by testing the current E-discovery technology and various search methods.

With the help of lawyers, researchers, and scientists, the TREC researchers are seeking the perfect search for mining relevant e-discovery documents.

The shocking news – the technology tested from over 20 e-discovery vendors proved no better than Boolean keyword searches.  A Boolean keyword search is basically a search using keywords combined with “and” and “or” as connectors.

While TREC searches on for the next frontiers of e-discovery searches, they have identified a “best practices” for attorneys conducting keyword searches.

1. Work with opposing counsel to identify search terms.

1. Test the search terms by sampling to determine whether the search engines are finding relevant information with identified terms.

1. Depending on the results, the attorneys may need to meet again to discuss additional terms or form a final agreement as to terms used.

These steps obviously require cooperation with your adversary – which depending on the person – could be a challenge.  Ultimately, the TREC researchers reiterated the importance of the Sedona Conference’s Best Practices for E-Discovery Searches.

Katherine Sparks is a third year Seton Hall law student who is looking forward to graduating and working with a litigation firm in Texas.

Article posted on October 22, 2009 at 2:33 PM |              More... 
Tagged as: Experts, Meet & Confer, Production of Data.
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