Arming the Attorney With a Computer in Complex Litigation Cases
| Publication year | 1986 |
| Pages | 1831 |
| Citation | Vol. 15 No. 10 Pg. 1831 |
1986, October, Pg. 1831. Arming the Attorney With a Computer in Complex Litigation Cases
The computer revolution has a substantial impact in today's courtroom. Not only are commercial or private database systems being used for research on case law, but resourceful attorneys have also turned to computer systems for efficient access and retrieval of information contained in thousands of documents specific to complex litigation cases. Many different versions of computer software are available, but the following capabilities are essential for systematic document management:
1. Cross-relational capability---multiple selection of codes, keywords and restrictions.
2. Selective report generation capability---customized reports rather than total dump of the input data.
Two basic methods that can be used are full-text recording and document coding/highlighting. This article discusses these two methods and identifies potential applications in the use of computerized systems.3. Sorting and ordering capability---documents which appear innocuous often become relevant when reviewed in chronological order.
In full-text recording, the entire content of the selected documents is entered into the computer. The user then identifies key words or phrases, and the computer searches for documents containing the identified words.
The full-text approach is adequate for records of truthful or accurate information, or when only specific words are important. The major disadvantage is that it can unleash an avalanche of unimportant information while missing that which is most significant. Documents do not always clearly say what they mean; some writers may muddle the meaning or seek to deceive or conceal instead of communicating accurately.
Comprehensive identification of relevant facts or data presupposes that the user has listed all the ways a concept could be expressed; however, the creation of such a thesaurus may not always be realistic. For example, acceleration issues can also be identified by such words as time extension, overtime, expedite, additional manpower, second shift or trade stacking. However, the foreman's diary entry stating "we were told by the owner to work our tails off" will probably be overlooked by the computer.
Another major disadvantage is the tremendous expense and amount of input which may clog the system with meaningless information. Although people untrained in the issues of the case can be used to input data, duplicates and unnecessary text render this an inefficient approach.
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