Technology Assisted Review protocols
Technology Assisted Review (TAR) protocols are agreements
entered into by parties to a dispute to ensure the document review
process is sufficiently comprehensive,unbiased and meets broader
discovery or disclosure obligations
As parties become more sophisticated in this area, TAR protocols
have become more common, however added complexity often leads to
unintended consequences, which include an opportunity for one party
to exploit the protocol to minimise their own obligations, or to
impose excessive burdens on the other.
The prevalence of TAR as part of the electronic discovery
process, and the efforts of legal technology professionals and
courts to advocate for its use, means that the majority in the
legal profession are now aware of its existence and are well-versed
in its benefits. This leaves implementation, rather than
acceptance, as the primary cause of conflict between parties when
it comes to discovery or productions
