Using software to review documents, and defending the process.
Esshaki Legal Media TeamCurrent as of August 2025
Large productions are reviewed with the assistance of software, and courts have
accepted the methods where the process is documented.
Search terms. Negotiated, tested against a sample, and refined by measuring
precision and recall. Terms agreed without testing routinely capture enormous
volumes of irrelevant material or miss key documents.
Technology-assisted review. A model trained on coding decisions by
experienced reviewers, ranking documents by likely relevance, with review
proceeding until a defined recall target is reached and validated by sampling.
Validation. A statistically valid sample of the documents not produced,
reviewed to estimate what was missed. This is what makes the process defensible,
and it should be planned before review begins.
Transparency. Courts and opposing parties increasingly expect disclosure of
the methodology, though not of the training documents themselves in most
decisions.
Privilege. Software-assisted privilege identification supplemented by review
of documents involving counsel, with quality control sampling, and a claw-back
order in place.
Cost. The dominant expense in document-heavy litigation, and the place where
proportionality arguments have the most effect.
Documentation. A written protocol recording the decisions, the testing and
the validation, prepared as the work is done rather than reconstructed when
challenged.