Technology-Assisted Review

Technology-Assisted Review

Technology-Assisted Review

Technology-assisted review applies supervised machine learning to document review. Attorneys code a set of documents, the model learns from those decisions, and it then ranks or classifies the remaining population by likely responsiveness. Modern workflows use continuous active learning, in which the model retrains constantly and continually surfaces the most likely responsive documents.

Courts have accepted the methodology since Da Silva Moore in 2012, and it is now routine in large matters. The defensibility question has shifted from whether TAR may be used to whether the specific protocol, training, and validation were reasonable.

Alternative Names:

Predictive Coding, Computer-Assisted Review, TAR

Why it Matters?

Document review is the single largest cost in complex discovery. TAR can reduce reviewable volume by a large margin while improving consistency over linear review. In matters with millions of documents, it is often the only proportional approach, and negotiating the protocol early prevents disputes over recall targets and validation later.

Frequently Confused with

Frequently asked questions

Is technology-assisted review defensible in court?

Is technology-assisted review defensible in court?

Yes. Courts have approved it for over a decade. Defensibility turns on the quality of the protocol, the training process, and the statistical validation demonstrating adequate recall, not on the use of the technology itself.

Does TAR eliminate attorney review?

Does TAR eliminate attorney review?

No. It prioritizes and reduces the population attorneys review, and privilege and issue calls remain with counsel. Validation sampling also requires attorney judgment.