Benedetti, V.; Castellani, S.; Grasso, A.; Martin, D.; O'Neill, J.; (2008) Towards an expanded model of litigation. Presented at: DESI II: Second International Workshop on Supporting Search and Sensemaking for Electronically Stored Information in Discovery Proceedings, University College London, UK.

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Abstract

Introduction: The call for contributions for this workshop describes the important new challenges for the legal search community this domain brings. Rather than just understanding the challenges this domain poses in terms of their technical properties, we would like to suggest that understanding these challenges as socio-technical challenges will be important. That is, as well as calling for research on a technical level to address these challenges we are also calling for work to understand the social practices of those involved in e-discovery (ED) and related legal work. A particularly interesting feature of this field is that it is likely that search technologies will (at least semi-)automate responsiveness review in the relatively near term and this will change the way that the work is organised and done in many ways – offering new possibilities for new ways of organising the work. As well as designing those technologies for automating responsiveness review we need to be envisioning how the work will be done in the future, how these technologies will impact the organisation of the case and so on. In this position paper we therefore outline the importance of understanding the wider social context of ED when designing tools and technologies to support and change the work. We would like to reinforce and expand on Conrad’s call for IR researchers to understand just what ED entails [2], include the stages that come both before and after core retrieval activities. The importance of considering the social aspects of work in the design of the technology has been established for some time. Ushering in this ‘turn to the social,’ and focusing on interface design, Gentner and Grudin [4] described how the GUI has already changed from an interface for engineers, representing the engineering model of the machine to one that supported single ‘everyman’ users (based on ideas from psychology). From then onwards the interface has evolved to support groups of users, taking into account the social and organisational contexts of use. This has particular resonance for the design of ED technologies: during ED in particular and the wider legal process there are often many lawyers involved – reviewing documents, determining issues, etc. Even if the way that their work is organised currently is not seen as collaborative in the traditional sense – with individual lawyers working on individual document sets to review them - their work needs to be coordinated and it seems likely that their work could be enhanced by, for example, knowledge of what their colleagues had found, how the case was shaping up, new key terms and facts turned up and so on. Work is often modelled for the purposes of design using process models, but this misses out on the richness and variety actually found when one examines how the work is carried out [3]. Technologies which strictly enforce the process models can often hinder the work, or end up being worked around as was the case with workflow systems since people interpret processes very flexibly to get the work done ([1], [3]). Other studies in other fields have found similar problems when systems are designed on for example cognitive models of how the work is done; they often do not take into account the situated nature of the work and thus they can be very difficult to use [5]. We believe, like [2], that a clear understanding of the social practices of ED is vital for the creation of high-quality, meaningful tools and technologies. We furthermore propose that work practice studies, to be used in combination with other methods, are a central part of getting the detailed understanding of the work practices central to designing useful and intelligent tools. Work practice studies would involve ethnographies, consisting primarily of observation, undertaken of practitioners engaging in the work of ED.

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