The Intelligent Discovery Approach

By Scott A. Kane  |  Posted 2011-03-04 Print this article Print

The Intelligent Discovery approach

Using our Intelligent Discovery approach, the time and expense of document review is reduced through a mix of process and technology. As part of this approach, Squire Sanders uses Equivio>Relevance predictive coding technology to apply the results of review by experienced trial attorneys across larger document populations.

For our clients, this has provided an extremely efficient method of assessing the potential relevance of collected documents. In addition, this predictive coding technology has helped identify critical documents sooner, remove irrelevant documents from the working data set and prioritize the remaining document population for efficient handling (for example, send documents of the highest potential relevance to senior members of the team and send documents less likely to be relevant to more junior-and less expensive-reviewers).

Predictive coding technology can also be applied to reduce costs at earlier stages in the litigation life cycle. For example, the predictive coding process (which requires one to two days to prepare) provides a powerful tool for "early case assessment" in which highly relevant documents are quickly identified from a subset of the potentially responsive material before the full litigation process has commenced. The results of this analysis can provide key insight into the best strategy for litigating (or settling) a particular dispute.

Predictive coding technology also allows early case assessment efforts to focus on the key documents, providing an opportunity to understand the strengths and weaknesses of a matter early in the litigation process-rather than after significant time and expense has been spent on traditional document review methods. For this reason, organizations implementing internal e-discovery systems should strongly consider including a formal, early case assessment phase.

Scott A. Kane is a partner in the Litigation Practice Group of Squire, Sanders & Dempsey, LLP. Scott represents financial institutions, manufacturers, technology companies, design and construction firms, securities and investment companies, and other businesses in a variety of commercial litigation matters in courts and arbitration proceedings throughout the United States. Scott also has extensive experience representing both debtors and creditors in bankruptcy-related litigation. Scott is co-chair of Squire, Sanders & Dempsey's e-discovery and data management team, which serves as a resource for lawyers and clients in matters involving the preservation and discovery of electronic documents. Scott teaches a course on e-discovery issues as an adjunct professor at the University of Cincinnati, College of Law. Scott is a frequent speaker in this practice area to clients, bar association groups and professional organizations. He is a member of the Electronic Document Retention and Production Working Group of The Sedona Conference. Scott also serves as president of the Cincinnati/Northern Kentucky chapter of the Federal Bar Association. Prior to law school, Scott served in the United States Army and is a veteran of Operation Desert Storm. Scott received his J.D., summa cum laude, from the University of Cincinnati. He can be reached at

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