Artificial Lawyer: ILTA Consults on New eDiscovery Active Learning / AI Rules

Extract from Artificial Lawyer’s article “ILTA Consults on New eDiscovery Active Learning / AI Rules”

Today, the Special Interest Group (SIG) of the International Legal Technology Association (ILTA) has released its draft Best Practice guide for using Active Learning – i.e. AI-based machine learning technologies – in managing eDiscovery and eDisclosure. It is calling on all sector professionals to provide feedback.

The proposed Guide was compiled over a six-month period by Litigation Support professionals from: Norton Rose Fulbright, Eversheds Sutherland, Squire Patton Boggs, A&O Shearman, Linklaters, Ashurst, Fieldfisher, DLA Piper, Eltemate – a Hogan Lovells Technology Company, Travers Smith, RPC, and CMS, with the aim of ‘providing a technology agnostic blueprint for the most efficient and fairest way to conduct an Active Learning project’ the group said.

By way of background, SIG explained: ‘The conduct of eDisclosure (or eDiscovery) in England & Wales is mainly controlled by Court rules and Practice Directions which encourage parties to consider the use of eDiscovery software tools to search documents using keywords, email threading and other conventional techniques. Technology Assisted Review has been used for some years now, successfully. However recent developments in the use of AI in ‘Active Learning’ are not the subject of specific guidanceand there is a risk of negative impact on justice if techniques are inconsistent between parties or across the industry.’

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