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Putting Statistics to Work in eDiscovery: Use Cases for Incorporating Statistical Sampling and Analysis
In two prior posts, I first made the case that all litigators need to understand some basic statistics, and then provided a primer on the key statistical concepts in ediscovery they should know. In this final post in the statistical sampling series, I suggest some of the best opportunities for incorporating statistical sampling and statistical analysis into discovery efforts.
OK, this post won’t cover EVERYTHING you need to know about statistics in ediscovery. But it should provide a simple overview of the key concepts a litigator should understand to effectively incorporate statistical sampling into a discovery program. As you spot opportunities to incorporate statistical sampling into your e-discovery efforts, be sure to engage an expert who understands those nuances and can help ensure that your statistical sampling is correct, effective and defensible.
There’s a tired old joke out there among lawyers, many of whom sputter and wave their arms in protest when asked to engage in anything involving math: “But I went to law school to avoid math!” But for litigators engaged in discovery, math is no joke. In fact, to competently represent their clients, attorneys must acquire a basic working knowledge of a few key statistical concepts.