Rhys Dipshan: Is It Time to Retire TAR? E-Discovery Counsel Advocate for More Holistic Approach

Extract from Rhys Dipshan’s article “Is It Time to Retire TAR? E-Discovery Counsel Advocate for More Holistic Approach”

Technology Assisted Review (TAR) 1.0 or 2.0? Or Continuous Active Learning (wait—isn’t CAL just TAR 2.0)?  And hold on—there’s a TAR 3.0 now?

Tired of the all acronyms (and numbers) yet? You’re not the only one. While the AI-powered e-discovery review, commonly known as TAR, has helped e-discovery teams achieve new heights of efficiency, some are less than thrilled at having to navigate increasingly complex definitions and protocols.

To be sure, AI-powered e-discovery review isn’t going anyway. But it may be time to leave acronyms like TAR behind. At Legalweek 2022’s “Beyond TAR 2.0: Exploring the Current State of TAR” session, e-discovery attorneys, vendors and a former judge discussed the current state of TAR and why it’s necessary to approach solving e-discovery collection challenges in a more holistic way.

For Bobby Malhotra, e-discovery counsel at Munger Tolles & Olson, it might be time to retire “TAR” entirely. “I have one request for the legal industry: we talked about [TAR] 1.0 and 2.0 and as we move beyond TAR, I think we should focus less on trying to label things…I think we can all agree that these labels have been beaten to death over the last couple of years. We should be more focused on trying to solve the legal technical challenges at hand.”

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