Success with Predictive Coding: Eliminating 89% of the Review with Predictive Coding

Opposing counsel requested broad set of search terms resulting in an exceptionally high volume of documents for review.

Client Challenge

In a civil litigation matter, a large global law firm collected and processed more than 1 million documents on behalf of the defendant. After processing the data, the firm and opposing counsel agreed to isolate relevant documents in the corpus using keyword searches, but they could not agree on the terms to apply. While defense counsel proposed a narrow set of search terms to limit the amount of review needed, opposing counsel insisted on a broader set that would result in a tenfold increase in documents needing review and a dramatic increase in the defendant’s cost. Defense counsel believed opposing counsel’s proposed keyword list to be exceptionally broad, requiring review of tens of thousands of documents irrelevant to the issues of the case. Recognizing the need for assistance to manage the situation, defense counsel called upon Consilio for advice on how to proceed.

Consilio Response

After engaging Consilio, our client saw an opportunity to compromise: agree to opposing counsel’s broader keyword list if counsel would agree to using predictive coding to cull the set of documents prior to review. Because the attorney team at our client had little experience with predictive coding, Consilio provided consultative guidance, offering extensive insight into the technology, the workflow processes, the qualityassurance routines and the proper semantic verbiage specific to the technology that so many in the industry find confusing. This conveyed knowledge enabled our client to confidently propose the use of predictive coding to opposing counsel.

As opposing counsel were similarly inexperienced in the use of predictive coding, they were reluctant to agree to use this tool. Consilio’s experts participated in conferences between both parties, bridging the partial understanding of each and helping our client successfully leverage its adversary’s requirements to its own advantage. Ultimately, with the average cost to perform first-level document review at roughly $1.25 per document, the client saved at least $209,000 in variable costs as well as days or weeks under Consilio’s guidance, the parties agreed to a detailed, defensibl