Bottom Line Driven Proportional Review

Bottom Line Driven Proportional Review.  

It is a best practice to estimate and project the costs of review at the beginning of a project and scale the number of documents you review to fit within an established budget. For a complete description of this best practice, including examples, see Losey, R., My Basic Plan for Document Reviews: The “Bottom Line Driven” Approach, PDF version suitable for print, or HTML version. Also see Ralph Losey’s law review article, Predictive Coding and the Proportionality Doctrine: a Marriage Made in Big Data, 26 Regent U. Law Review 1 (2014); and the law review article of Steven Bennett, E-Discovery: Reasonable Search, Proportionality, Cooperation, and Advancing Technology, 30 J. Marshall J. Info. Tech. & Privacy Law 433 (2014).

Bottom Line Driven Review is a method to control the key problem in electronic discovery law today, the run away costs of review. The number of documents we have to review seems to double every two to three years, so this new legal method is imperative. New and better software, especially predictive coding type, is also important. As shown in Losey’s article, the ranking of relevancy and other categories built into the latest algorithms is, under his bottom line driven analysis, an especially helpful new capability.  You rank the documents within your budget limit that the computer predicts, based on your training, will be the most relevant to your case. But new technology alone is not enough. We must also have new legal methods, new best practices that combine law and science, as we try to do at EDBP.

Please propose best practice description of these and other CAR areas in the comments below, or by email to Ralph Losey.


3 thoughts on “Bottom Line Driven Proportional Review

  1. I with you regarding proposing 38% as a starting point for defining “proportional” in the context of the ratio between litigation budget and amount in controversy. I am not sure I follow you as you apply the same ratio to costs within the litigation budget. The proportionality between costs and amount in controversy is a legal decision. The proportionality among law firm operations is a business decision and applying the golden mean to possibly independent business phenomena is arbitrary. Akin to saying that a law firm should make sure that the proportion of pens to pencils in the supply cabinet is 38%.

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  3. Pingback: Predictive Coding 3.0 – The method is here described as an eight-part work flow | e-Discovery Team ®

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