Lawyers don’t use terms such as actus reus or corpus delicti only to maintain the mystique of their profession. Instead, they cling to these rarefied terms because their meaning is fixed and can never slide into ambiguity because Latin is a dead language.
In living languages, however, we deal with an ever-expanding universe of words, so how can lawyers find the words that matter?
The techniques of eDiscovery did not come out of nowhere, but leaned heavily on the science of document classification that has been around for a long time: the first American school for library science was founded at Columbia University in 1887.
But, of course, judges and lawyers have never been trained to think in this way. And lawyers being lawyers, they thought that words would be the key to understanding the brave new world of eDiscovery.
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