http://ralphlosey.wordpress.com/2008/03/02/inadequate-keyword-searches-by-untrained-lawyers-may-in-some-circumstances-be-sanctionable/ A Team approach to electronic discovery combining the talents of Law and IT. The views expressed in this blog are my own, and not necessarily those of my law firm or clients. Copyright Ralph Losey 2008. All Rights Reserved. Wed, 20 Aug 2008 23:57:20 +0000 http://wordpress.org/?v=MU http://ralphlosey.wordpress.com/2008/03/02/inadequate-keyword-searches-by-untrained-lawyers-may-in-some-circumstances-be-sanctionable/#comment-6683 Hundredth Blog: Thoughts on SEARCH and Victor Stanley, Inc. v. Creative Pipe, Inc. « e-Discovery Team Mon, 09 Jun 2008 00:52:21 +0000 http://ralphlosey.wordpress.com/?p=306#comment-6683 [...] this topic, not only in the above cited blogs on Judge Facciola’s cases, but also in Inadequate Keyword Searches by Untrained Lawyers May in Some Circumstances Be Sanctionable which discusses an opinion by District Court Judge Nancy F. Atlas in Houston, Texas, Diabetes [...] [...] this topic, not only in the above cited blogs on Judge Facciola’s cases, but also in Inadequate Keyword Searches by Untrained Lawyers May in Some Circumstances Be Sanctionable which discusses an opinion by District Court Judge Nancy F. Atlas in Houston, Texas, Diabetes [...]

]]> http://ralphlosey.wordpress.com/2008/03/02/inadequate-keyword-searches-by-untrained-lawyers-may-in-some-circumstances-be-sanctionable/#comment-5714 On the Mark » Two Home Runs - Ralph Losey’s One, Two Punch Tue, 11 Mar 2008 13:18:38 +0000 http://ralphlosey.wordpress.com/?p=306#comment-5714 [...] Here’s the link: Inadequate Keyword Searches by Untrained Lawyers May, in Some Circumstances, be Sanctionable [...] [...] Here’s the link: Inadequate Keyword Searches by Untrained Lawyers May, in Some Circumstances, be Sanctionable [...]

]]> http://ralphlosey.wordpress.com/2008/03/02/inadequate-keyword-searches-by-untrained-lawyers-may-in-some-circumstances-be-sanctionable/#comment-5684 Elizabeth Charnock Wed, 05 Mar 2008 16:25:31 +0000 http://ralphlosey.wordpress.com/?p=306#comment-5684 Keyword search has long enjoyed the status of being “customary and reasonable” for legal discovery. But the intrinsic shortcomings of keyword search mean that even the most diligent and experienced user is hamstrung. Today’s organizations conduct business over a wide range of communication channels – email, instant messaging, text messaging and so forth – many of which encourage the creation of short, cryptic messages that may not contain obvious keywords and that cannot be understood except in the context of preceding communications. As such, the needs of effective discovery have evolved from identifying and extracting the value from individual items to identifying and extracting value from groups of related items. Keyword search, along with other technologies that focus on characteristics of individual items, is a poor fit for these new circumstances. Technologies are now available that allow the user to find relevant communications and evaluate their significance based on the context of their creation and use, not simply on the basis of presence or absence of keywords. The day may not be that far away when, for certain types of cases, any keyword search, however well constructed, will be seen as inadequate for defensible discovery. Keyword search has long enjoyed the status of being “customary and reasonable” for legal discovery. But the intrinsic shortcomings of keyword search mean that even the most diligent and experienced user is hamstrung. Today’s organizations conduct business over a wide range of communication channels – email, instant messaging, text messaging and so forth – many of which encourage the creation of short, cryptic messages that may not contain obvious keywords and that cannot be understood except in the context of preceding communications. As such, the needs of effective discovery have evolved from identifying and extracting the value from individual items to identifying and extracting value from groups of related items. Keyword search, along with other technologies that focus on characteristics of individual items, is a poor fit for these new circumstances. Technologies are now available that allow the user to find relevant communications and evaluate their significance based on the context of their creation and use, not simply on the basis of presence or absence of keywords. The day may not be that far away when, for certain types of cases, any keyword search, however well constructed, will be seen as inadequate for defensible discovery.

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