Here’s a Predictive Coding Survey That’s Also The First Sign of Fall: eDiscovery Trends

In Houston this weekend, we hit triple-digits each day this weekend.  So, I’m looking for any sign of Fall I can get!  Thanks to Rob Robinson, we have our first Fall survey – his semi-annual Predictive Coding Technologies and Protocols Survey conducted by ComplexDiscovery!

This is the fifth semi-annual Predictive Coding survey that Rob and ComplexD has conducted.  The five surveys have provided detailed feedback from 319 legal, business, and technology professionals on the use of specific machine learning technologies in predictive coding. The surveys have also provided insight into the use of those machine learning technologies as part of example technology-assisted review protocols.

This iteration of the survey was open a mere seven days – from August 7 through August 14, yet it still had 85 responders.  As always, it continued to focus on predictive coding technologies, protocols, workflows, and uses across the eDiscovery ecosystem. The fall 2020 survey also included one new question on the prevalence of predictive coding usage as part of eDiscovery workflows.  Here are a few highlights in terms of results:

  • Nearly 89 percent of respondents were from law firms and software/service providers: Law firm respondents led the way with 43.53%, followed by providers at 35.29%.  Not surprising, as they are the two groups most plugged into predictive coding workflows and technologies.
  • Over a Third of Respondents Reported Relativity as Their Primary Predictive Coding Platform: 36.47% of respondents, to be exact.  Brainspace was next with 16.47%10.59% of respondents reported no primary predictive coding platform.
  • Most Respondents are “Active” When it Comes to Predictive Coding: Active Learning was reported as the most used predictive coding technology with 88.24% of respondents, which is the same exact percentage reported by those using Continuous Active Learning® (CAL®) as their predictive coding protocol.
  • Not Just for Relevancy Determination: 92.94% of responders reported using technology-assisted review in more than one area of data and legal discovery.  So, if you thought that TAR was used mostly for relevancy determination, this stat should correct that misconception.

Here is a link to the full survey results on ComplexD.  There is certainly a growing core of predictive coding users in the industry and we’re seeing more and more uses of the technology.  It’s even being used in the fight against the COVID-19 pandemic!  However, we still have a long way to go in getting a majority of litigation professionals to adopt it.  The education and adoption battle continues.

Also, just a reminder that tomorrow, Onna will conduct the webinar Establishing Data Retention Policies That Comply with CCPA & GDPR at 2pm ET (1pm CT, 11am PT).  In this presentation, join Onna and experts from Carnival Cruise Corporation & Ally as they dive into the challenges compliance regulations have created, data policy best practices, and how to proactively create an effective data retention policy that prepares you for GDPR, CCPA and future regulations to come.  Might help keep your organization off the list of potential future class-action defendants.

So, what do you think?  Are you surprised by any of the results?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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