Legal professionals are naturally reluctant to trust fully automated techniques for privilege review. There are certainly cases in which fully manual review is a rational choice, but there are also cases in which reliance on some degree of automation is rational. This paper proposes a model that can help practitioners to make rational choices, and to explain those choices once they have been made. The model balances two factors: the cost of performing review, and the risk of incurring a settlement, either from revealing privileged content or from failing to produce nonprivileged content.
When is it rational to review for privilege?
Sebastiani F
2017
Abstract
Legal professionals are naturally reluctant to trust fully automated techniques for privilege review. There are certainly cases in which fully manual review is a rational choice, but there are also cases in which reliance on some degree of automation is rational. This paper proposes a model that can help practitioners to make rational choices, and to explain those choices once they have been made. The model balances two factors: the cost of performing review, and the risk of incurring a settlement, either from revealing privileged content or from failing to produce nonprivileged content.File in questo prodotto:
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