Technology-Assisted Review (or TAR): is the use of technology to support your reviewers through the document review process. This could be anything from the basic automation of menial tasks to the complex algorithms found in cutting-edge ‘Continuous Active Learning’ technology.  

Being able to work with the very best Legal Tech has to offer is exciting and brings a great many benefits, however, due to the constantly evolving nature of cutting-edge technology, there is seldom any past precedent from which to draw conclusions on how new practices will be received by the courts. This often leaves room for doubt regarding what practices are admissible and defensible in a court of law. 

What Do the Rules Say? 

The rules governing the procedures British courts must follow in order to justly handle all cases were last updated in 1998 and apply to all cases commencing after 26th April 1999. While the Civil Procedure Rules 1998 make no specific mention of TAR, being published before this kind of technology rose to prominence, they do support the automation of the eDiscovery process.  

From CPR1998 pt.31b p.25-27 (see below) we find that the use of keyword searching, and other automated methods of searching are acceptable, so long as they are quality checked by a human reviewer/ not used as the sole method of searching without supervision. This gives a hint towards the court's willingness to accept emerging technology as it finds its place in legal procedure.

CPR pt.31b p.25-27 - Keyword and other automated searches: 

 

25- It may be reasonable to search for Electronic Documents by means of Keyword Searches or other automated methods of searching if a full review of each and every document would be unreasonable. 

26- However, it will often be insufficient to use simple Keyword Searches or other automated methods of searching alone. The injudicious use of Keyword Searches and other automated search techniques – 

(1) may result in failure to find important documents which ought to be disclosed, and/or 

(2) may find excessive quantities of irrelevant documents, which if disclosed would place an excessive burden in time and cost on the party to whom disclosure is given. 

27- The parties should consider supplementing Keyword Searches and other automated searches with additional techniques such as individually reviewing certain documents or categories of documents (for example important documents generated by key personnel) and taking such other steps as may be required in order to justify the selection to the court.

 

What are the disadvantages? 

Alongside these advantages, remote working also has its drawbacks. One of the main disadvantages is the potential for isolation. Remote working can lead to feelings of isolation, especially for those who are used to working in a team or collaborative environment. This can be mitigated by using technology to stay connected with colleagues and participating in virtual meetings. 

Another disadvantage of remote working is the difficulty in separating work and personal life. When working from home, it can be difficult to separate work and personal life, which can lead to burnout and other negative consequences. This can be mitigated by setting clear boundaries and creating a dedicated workspace. 

In addition, remote working can make it more difficult to build and maintain professional relationships, as there is less opportunity for face-to-face interaction. This is especially relevant to contract lawyers and paralegals who are just starting out in their legal career and are at a stage where the building of professional relationships is fundamental to their career progression and their ability to develop and maintain a professional network. This can be mitigated to a degree by using technology to stay connected and participating in virtual meetings.  

Other concerns:

All clients justifiably have concerns regarding confidentiality. One of the most important elements of confidentiality is that it helps to build and develop trust and allows for the free flow of information between all parties involved in a project. The security of confidential data during a remote review project is a concern for clients. With the recent introduction of two-factor authentication to the RelativityOne platform, it has never been easier to support secure and effective reviews in remote-working situations. This, along with other online security criteria, enables us to ensure the integrity of the review is always protected.  

We also run strict checks on all remote-working staff to ensure the software they use and the processes they follow guarantee data integrity and protection.  

In conclusion, while remote working has its advantages, it also has its own set of disadvantages. Ultimately, a combination of both remote and office-based working may be the best solution, allowing contract lawyers to have the flexibility and autonomy of remote working while also maintaining the professional connections and collaboration of office-based working. 

At Array, we fully appreciate the need to facilitate both in-office and remote working. As an Array client, your preference is always considered when deciding whether a review is to be office-based, hybrid or remote and we are able to cater for all preferences with a dedicated in-house review manager overseeing your project, you can expect regular and effective support and updates on the progress of your case whenever required and regardless of whether clients opt for the review to be office-based, hybrid or remote.