Technology Assisted Review (TAR) is a process in which computer software—guided by expert reviewer input—electronically classifies documents to expedite the organisation and prioritisation of a document collection. The software’s classification may encompass broad issues such as discovery responsiveness, privilege, confidentiality, or other designated matters. TAR can significantly reduce the time and cost associated with reviewing electronically stored information (ESI) by limiting the amount of human review needed on documents that are classified as potentially non-material.
However, the effectiveness and defensibility of TAR depend heavily on working with a knowledgeable vendor who understands the nuances of the software and the legal standards governing its use. An experienced TAR provider not only designs and implements a defensible workflow, but can also provide transparency about how the system was trained, validated, and monitored. This is critical in ensuring that the process will withstand scrutiny from opposing parties or the courts.
Vendors with a proven track record—including having supplied expert affidavits in prior cases—can help establish confidence in the process, both for the parties and the judiciary. Their expertise can be decisive in demonstrating that TAR was applied in a fair, proportionate, and technically sound manner. In practice, this can mean the difference between a streamlined, cost-effective discovery process and one vulnerable to disputes, delays, or judicial rejection.
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