This is part Eleven of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review. Please read parts onetwothreefourfivesixseveneightnine and ten before this one.

Irrelevant Training Documents Are Important Too

In the second filter you are on a search for the gold, the highly relevant, and, to a lesser extent, the strong and merely relevant. As part of this Second Filter search you will naturally come upon many irrelevant documents too. Some of these documents should also be added to your predictive coding training. (That is the smart robot part of your document review software with active machine learning.) In fact, is not uncommon to have more irrelevant documents in training than relevant, especially with low prevalence collections. If you judge a document, then go ahead and code it and let the computer know your judgment. That is how it learns. There are some documents that you judge that you may not want to train on – such as the very large, or very odd – but they are few and far between,

Of course, if you have culled out a document altogether in the First Filter, you do not need to code it, because these documents will not be part of the documents included in the Second Filter. In other words, they will not be among the documents ranked in predictive coding. The will either be excluded from possible production altogether as irrelevant, or will be diverted to a non-predictive coding track for final determinations. The later is the case for non-text file types like graphics and audio in cases where they might have relevant information.

How To Do Second Filter Culling Without Predictive Ranking

When you have software with active machine learning “smart robot” features that allow you to do predictive ranking, then after you find documents for training, you can from that point forward incorporate predictive ranking searches into your review. If you do not have such features, you can still sort out documents in the Second Filter for manual review, but you cannot use ranking with SAL and CAL to do so. Instead, you have to rely on keyword selections, enhanced with concept searches and similarity searches.

When you find an effective parametric Boolean keyword combination, which is done by a process of party negotiation, then testing, educated guessing, trial and error, and judgmental sampling, then you submit the documents containing proven hits to full manual review. Ranking by keywords can also be tried for document batching, but be careful of large files having many keyword hits just on the basis of file size, not relevance. Some software compensates for that, but most do not. So ranking by keywords can be a risky process.

I am not going to go into detail on the old-fashioned ways of batching out documents for manual review. Most e-discovery lawyers already have a good idea of how to do that. So too do most vendors. Just one word of advice. When you start the manual review based on keyword or other non-predictive coding processes, check in daily with the contract reviewer work and calculate what kind of precision the various keyword and other assignment folders are creating. If it is terrible, which I would say is less than 50% precision, then I suggest you try to improve the selection matrix. Change the Boolean, or key words, or something. Do not just keep plodding ahead and wasting client money.

I once took over a review project that was using negotiated, then tested and modified keywords. After two days of manual review we realized that only 2% of the documents selected for review by this method were relevant. After I came in and spent three days with training to add predictive ranking we were able to increase that to 80% precision. If you use these multimodal methods, you can expect similar results.