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.
2017
Istituto di Scienza e Tecnologie dell'Informazione "Alessandro Faedo" - ISTI
e-discovery
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14243/337337
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