One of the key things I learned from a number of mentors in the mass tort defense league was the importance of front-end loading cases. By that I mean getting a grasp early on of the exposure and the “oh shit” documents and then immediately formulating the appropriate case strategy based on that grasp. Over and over again, the approach proved itself as the case progressed.

Another thing I learned along the way was the improved depositions and cross examination of witnesses where I, as the most knowledgeable and experienced lawyer on the case, could myself review and locate the most important documents, as opposed to asking an associate or paralegal to do that work and then report to me.

The problem with both, of course, was always the cost and time involved to do this important work. All too often clients would balk at paying for this work early on. Convincing them otherwise was a pain, to say the least.

The Deep Dive Tool

Enter Everlaw’s new Deep Dive tool, which promises to address both challenges. The tool is an enhancement of what was previously called Project Query, according to the Everlaw press release. Deep Dive was announced in open beta at the ILTA conference this week.

In essence, the tool allows the user to query a large data set of inputted documents using natural language. The tool allows users to simply ask questions related to specific issues, parties, or events and get answers. In a class action, you might ask the tool something like “is there any support for the claims that there are common questions of fact among the various putative class members.”

The answers are supported with a list of facts and referenceable documents so users can dive deeper into the breakdown of information available as part of the response. In other words, the tool cites the documents that it uses to answer the questions. You can then drill down into the documents and ask more specific questions based on a subset of the cited documents. The tool does not go outside the documents to answer any inquiry.

Importantly, according to AJ Shankar, Everlaw’s founder, who demoed the product for a group of journalists over lunch, if Deep Dive can’t find any documents to respond to the question, it will say so. (In the demo, based on the question one of us asked as to who the best legal tech journalist was, Deep Dive demurred and said there were no documents in its data base to answer the questions, thankfully.)

The demo certainly backed up the above claims from Everlaw’s press release.

According to Chuck Kellner, Everlaw Advisor, who also attended the demo, Everlaw envisioned three use cases:

1. Undertaking a data dump before depositions to help either the taking or defending lawyer better prepare.

2. Using the tool at the beginning of case to assess exposure etc. without a huge investment of time and cost and before discovery.

3. Designing document review and coding projects. Use of the tool would eliminate the “I don’t know what to look for” problem. The tool can give an overview of the documents to help design the review and coding.

The first two of these were particularly music to my ears. Kellner confirmed what I was thinking. It is designed not for those working on a case but for the case lead and strategist. And as I said before, these are the people that know the overall case the best and know the client the best. Giving them the ability to ask questions will inevitability lead to better results. All too often, eDiscovery vendors portray what their tools will do defensively and not offensively in the hands of an experienced lawyer.

And the ability to ask what documents might support the other side’s allegation is golden to a front-end loading and strategy process. Simply plug in the an allegation and then ask what supports or does not support that claim.

A Credible Demo

But, here’s another lesson from the Everlaw demonstration. In a conference where too many vendors are promising the sun, the moon, and the stars, Shankar was refreshingly honest about what the tool can and can’t do. He recognized that the questions lawyers need answers to aren’t necessarily easy for AI tools to answer. That Deep Dive might make mistakes, that it’s an aid, not a panacea.

Shankar even did the demo live, not using a screen video like most use in vendor presentations. The technology didn’t necessarily work perfectly during the demo (those who do this in real life know this is an issue for a variety of reasons that have nothing to do with the product). He let the audience ask questions of the tool. He admitted that while he thought he knew what the tool would do in the demo, it wasn’t foolproof. “It can’t do everything,” he cautioned.

The approach was refreshing and enhanced both his and Everlaw’s credibility in my mind.

A useful tool and a credible demo. Imagine that.

Stephen Embry is a lawyer, speaker, blogger, and writer. He publishes TechLaw Crossroads, a blog devoted to the examination of the tension between technology, the law, and the practice of law.

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