TREC Legal Track: On the Frontiers of E-discovery

October 22, 2009

    Authored By: Katherine Sparks

    Employee/Employer Implicated: Attorney Conducting E-discovery Searches

    e-Lesson Learned: Key word searching is not enough to find all relevant information from a source of electronic discovery. Members of the TREC research team are testing several different search models and have identified a few best practices for lawyers working with electronic discovery.

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 |  Twitter  LinkedIn  Digg  Facebook  Technorati Favorites  NewsVine  More... 
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