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Daniel Gold & Chris Haley: Responsible AI in e-Discovery: A Framework for Preserving Lawyer Judgment

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Extract from Gold & Haley’s article, “Responsible AI in e-Discovery: A Framework for Preserving Lawyer Judgment.”

Authors’ Note: We’d like to thank Jonathan Murphy for his significant contributions to this piece and the invaluable insight he provided as we wrote it.

Legal teams engaged in litigation and investigations are operating in an environment defined by the rapid expansion of generative AI in document review, privilege analysis, and fact discovery. The current discussion extends beyond whether AI should be used. The more consequential question concerns how AI is used responsibly, defensibly, and in a manner consistent with attorney’s professional obligations.

Responsible use requires the right tools, disciplined workflows, and a clear understanding of who remains accountable for legal judgment. In this environment, attorneys remain responsible for defining relevance, interpreting facts, assessing risk, and owning legal determinations. Technology supports those functions, but it does not replace them.

BDO’s approach to AI‑enabled discovery and investigations is grounded in this principle. In partnership with Relativity, we deploy AI intentionally, combining our experience in Review Center in RelativityOne, managed document review, and Relativity aiR with the goal of providing structured oversight and supporting attorney judgment.

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