Extract from Sam Bock’s article “3 Adversaries You Might Meet Negotiating an AI-Friendly ESI Protocol”
An intentional, intelligent ESI protocol can set the tone for your entire e-discovery project. And, unfortunately, so can a … not-great ESI protocol.
“The importance of strategic foresight, client customization, and staying ahead of modern data challenges can’t be overstated,” Alex Jacobs, a director at Berkely Research Group (BRG), explained after an in-person panel on this topic back in 2023. “Therefore, you should actively engage with clients and technologists from the outset to ensure a defensible, flexible, and cost-efficient ESI protocol. This will not only stand up to scrutiny down the line, but will also allow for adaptive measures as case dynamics change.”
The importance of a sound ESI strategy hasn’t changed since then, but the tools certainly have. Awareness and adoption of generative and agentic AI have grown rapidly over the last two years; both now regularly appear in e-discovery.
So where does modern AI show up in your meet-and-confers?
