November 16, 2018 Articles

Implications of Text Bias in E-Discovery

Lawyers who use text-based technology should at the very least be aware of pro-text biases that can affect how well e-discovery processes work.

By John Martin

A bias is an inclination or preference for approaching a task or problem in a certain way. When bias is based on objective facts, it saves time otherwise required to constantly reconsider prior decisions. However, bias is less beneficial when decision makers fail to consider relevant underlying facts or newly available options. There are two major types of biases to consider: selection and confirmation.

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