The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery

The Sedona Conference Journal

Volume 8 2007

Public Comment Version The Sedona Conference

Recommended Citation: The Sedona Conference, Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery, 8 SEDONA CONF. J. 189 (2007).

For this and additional publications see: https://thesedonaconference.org/publications 2007 THE SEDONA CONFERENCE JOURNAL 189

THE SEDONA CONFERENCE ® B EST PRACTICES COMMENTARY ON THE USE OF SEARCH AND INFORMATION RETRIEVAL METHODS IN E-D ISCOVERY A Project of The Sedona Conferenc e® Working Group on Best Practices for Document Retention and Production (WG1), Search & Retrieval Sciences Special Project Team * August 2007 Public Comment Version

Editor-in-Chief: Jason R. Baron

Executive Editors: Richard G. Braman Kenneth J. Withers

Senior Editors: Thomas Y. Allman M. James Daley George L. Paul

* With valuable input from many other WG1 members and the RFP+ Vendor Panel. This document is for educational purposes only and is not a substitute for legal advice. The opinions expressed herein are consensus views of the editors and authors, and do not necessarily represent the views of any individual participants or authors or any of the organizations to which they belong or clients they represent, nor do they necessarily represent official views of The Sedona Conferenc e®. 190 SEARCH AND INFORMATION RETRIEVAL METHODS VOL . VIII

Table of Contents

Preface and Acknowledgements ...... 191 Overview ...... 192 Executive Summary ...... 193

I. Introduction ...... 196

II. The Search and Information Retrieval Problem Confronting Lawyers ...... 197

III. Lawyers’ Present-day Use of Search and Retrieval Methodologies ...... 199

IV. Some Key Terms, Concepts and History in Information Retrieval Technology ...... 204

V. Boolean and Beyond: A World of Search Methods, Tools and Techniques ...... 207

VI. Practical Guidance in Evaluating the Use of Automated Search And Retrieval Methods ...... 208

VII. Future Directions in Search and Retrieval Science ...... 212

Appendix: Types of Search Methods ...... 217 2007 THE SEDONA CONFERENCE JOURNAL 191

Preface and Acknowledgements

Welcome to another major publication in The Sedona Conferenc e® Working Group Series (the “WGS” ®), Best Practices Commentary on the Use of Search and Information Retrieval Methods in E- Discovery. This effort is an outgrowth of our Working Group on Electronic Document Retention and Production (WG1) and represents the work of its Search and Retrieval Sciences Special Project Team, consisting of a diverse group of lawyers and representatives of firms providing consulting and legal services to the legal tech community.

The mission of the Search and Retrieval Sciences Special Project Team has been to explore the nature of the search and retrieval process in the context of civil litigation and regulatory compliance in the digital age. The goal of this Best Practices Commentary is to provide the bench and bar with an educational guide to an area of e-discovery law that we believe will only become more important over time, given the need to accurately and efficiently search for relevant evidence contained within the exponentially increasing volumes of electronically stored information (ESI) that are stored and made subject to litigation, investigations, and regulatory activities. We also understand that the subject of what constitutes best practices in this area will necessarily be subject to change, given the accelerating pace of technological developments that the law is struggling to keep up with. We hope that our efforts will assist the legal profession in this area, and we welcome all feedback at [email protected].

This Commentary was originally conceived