Even for those who are aware of the existence of advanced search and review tactics beyond keyword search, many questions remain for attorneys and judges alike. First, what are the new and emerging technologies? While courts and commentators mention the existence of the technologies, there is not much guidance with regard to what the new technologies are and what they accomplish. Second, are the new technologies superior to the manual review process? Understandably, attorneys are hesitant to use an unfamiliar e-discovery product that may not work better than the e-discovery process to which they are already accustomed. Third, if attorneys do use a new search and review process, what standards of accuracy or defensibility is a court likely to impose? When managing the discovery process, attorneys want to be sure that the method of production satisfy the expectations of the court.
Jacob Tingen, Technologies-That-Must-Not-Be-Named: Understanding and Implementing Advanced Search Technologies in E-Discovery, 19 Rich. J. L. & Tech. 1 (2012).