E Discovery Team

Jun 11th, 2017

This is the professional blog of attorney Ralph Losey who can be reached at ralph.losey@gmail.com. Ralph is a lawyer in private practice with a background in litigation and computers that started in 1980. He is currently a Principal of Jackson Lewis P.C. where he serves as the firm’s National e-Discovery Counsel. Although Ralph resides in Florida, his law firm of 800 attorneys has offices throughout the U.S. Ralph has limited his practice to e-discovery and related technology law since 2006. Please see the important disclaimer and notice about this blog, which is his own creation and contains Ralph’s personal views, not that of his law firm or anyone else. This blog provides education, information, and editorial opinions only, not legal advice. It is certainly not an ad or solicitation to provide legal services.

This Blog and the Team Approach

This blog promotes an interdisciplinary team approach to electronic discovery law and shares Ralph Losey’s thoughts on law and technology.

The world today is dominated by computers and other technologies. This is not a passing fad, it is a new culture. The technology age is rapidly replacing the old ways in every field, including the law. The explosion of the amount and complexity of information triggered by computers, much of which is potential evidence in legal proceedings, has placed severe challenges on our justice systems. Ralph, and many others, believe that the basic solution to this challenge is for lawyers to affiliate and work in teams with IT and data analysts, technology and science. This is a very challenging proposition for most lawyers, but not impossible. Since this blog was started to promote this idea in 2006 much progress has been made. The below video pretty much says it all (but, don’t worry, the blog itself has another million words to spell it out).

Although lawyers should no longer try to go it alone in resolving complex civil and criminal disputes, they should still maintain a leadership role in questions of ethics and justice. Moreover, lawyers are the only one of the three disciplines qualified and permitted to appear in court and supervise legal proceedings. This blog is intended to help lawyers to maintain their leadership position and work effectively in e-discovery teams.

Who is Ralph Losey?

Ralph is an avid computer user, legal hacker, since 1980. He is the author of hundreds of legal publications on e-discovery and technology law, including several books, such as: Adventures in Electronic Discovery(West, Spring 2011); Electronic Discovery: New Ideas, Trends, Case Law, and Practices (West 2010); Introduction to e-Discovery, (ABA 2009); and, e-Discovery: Current Trends and Cases (ABA 2008). Two more books came out in late 2016, both published by the ABA:

E-DISCOVERY FOR EVERYONE, Ralph Losey; Foreword Judge Paul Grimm (ABA 2016-2017).

PERSPECTIVES ON PREDICTIVE CODING  And Other Advanced Search Methods for the Legal Practitioner; Editors: Jason R. Baron, Ralph C. Losey, Michael Berman; Foreword by Judge Andrew Peck (ABA 2016-2017).

Here is the complete write-up on Losey’s two new books.

In addition to his private practice as a lawyer, and extensive writings, Ralph served as an adjunct professor at the University of Florida School of Law teaching electronic discovery law for five years. He eventually transforming his various classes into an online training course now open to anyone at e-Discovery Team TrainingAlso seeRalphLosey.com.

Since 2007 Ralph has also presented at hundreds of e-discovery and technology law conferences around the world on general e-discovery related topics. In the last few years he has limited his appearances and topics to his current areas of special interest, predictive coding, the future of law, and cybersecurity.

Since 2010 Ralph Losey has also spent a month each year as a researcher doing experiments in Legal Search and document review. In both 2015 and 2106 he was a participant in the TREC Total Recall Track sponsored by NIST. Prior to that Losey was known for his dominance of the EDI Oracle document review competition.

Ralph’s legal practice, writings, speaking and research now all focus on the use of Artificial Intelligence, specifically active machine learning, to search large quantities of  data to find evidence needed for the resolution of law suits. Here is a link to the Page on the blog about his document review activities. Losey’s contributions in this field include both academic-scientific research and real-world litigation applications, including his role as lead technology counsel for the defense in the landmark decision that first approved the use of predictive coding, Da Silva Moore. A list of the over sixty articles he has written on the subject since 2011 can be found here on this blog.

In addition to advising the attorneys and clients at Jackson Lewis, which is his primary responsibility, Ralph is currently working on five different side projects that complement his legal practice:

  1. Writing. Ralph loves to write on Law and Technology, defined very broadly, and plans to continue this activity. He has been writing the e-Discovery Team blog since 2006 and books derived from this blog. For the past few years he has also written on Twitter with comments on interesting technology articles and on politics. After writing over two million words on Technology he enjoys the discipline of Twitter’s 140 character limit. He plans to stay active as a writer and expand his scope of topics.
  2. Legal Search Science Research.Research and development of new types of legal search and review methods that utilize the predictive coding type AI algorithms. See the Document Review page above. Ralph is, for instance, a participant in the NISTTREC Recall Track for 2015 and 2016. See MrEDR.com page above for more information. In 2013 he participated in an independent scientific research project requiring a timed search of a nearly three million document email collection. Ralph’s method and document identification was independently judged first in overall quality with the highest scores in recall, precision, and confidential document identification. Ralph frequently writes and lectures on the subject of Legal Search Science, including quality control techniques. Seehis Page on this blog on Document Review, which includes Legal Search Science that contains his introduction to this field. Also seethe list of the over 60 articles that he has written on this topic since 2011. Shown below is the eight-step model of his current predictive coding method, version 4.0. Its uses Hybrid Multimodal search and review techniques with Intelligently Spaced Training (IST).
  3. Team Training. An online program to provide law school quality instruction on all of the basic topics of electronic discovery law. (See the School tab above for information on Ralph’s thoughts on education.) In 2014 and 2015 Ralph made substantial revisions and updates to the e-Discovery Team Training program. Ralph also still occasionally lectures on these introductory topics to students, lawyers and judges, although his primary focus is on AI search issues.
  4. Creating and Compiling Best Practices in e-Discovery Legal Services. Creation and maintenance of a website that identifies and explains the best legal-practices in e-discovery, called EDBP.com, which stands for Electronic Discovery Best Practices. EDBP is based on a ten-step flow-chart that Ralph and other experts developed (shown below). Ralph is constantly updating and revising the EDRM website to include the latest protocols from his own practice, and from Bar groups and judges around the world. He also still lectures and writes on best practices, including a continuous training program he directs for his law firm.
  5. Cybersecurity. Ralph also continues to do legal research, writing and lecturing on a variety of cybersecurity issues. His writings include Internet web information resources for: (a) lawyers in the field of e-discovery, eDiscoverySecurity.com; and, (b) ethical hackers, at HackerLaw.org. He does not include this in his active legal practice, although his son, Adam C. Losey, is a leading practitioner in this field.