Extract from Tony Reichenberger’s article “GenAI Review and Legal Standards for Acceptance”
Many eDiscovery professionals are still hesitant to adopt Gen AI review because there hasn’t yet been a clear court ruling explicitly approving its use. Attorneys tend to be risk-averse, and often prefer to wait until others take the first step, just as we saw with the early days of Technology Assisted Review (TAR).
However, this hesitation isn’t really justified. Gen AI meets the same standards that have long been accepted for other eDiscovery technologies, and it often produces even better results. In fact, federal judges are already beginning to treat AI as just another tool to help lawyers work through massive volumes of discovery documents, viewing it no differently than earlier technologies.
Using AI on Projects Requiring No Approval
There are many different types of reviews and various technologies that can be used during them. Some situations, such as those with no subsequent productions and a focus on getting your side of the litigation prepared for trial, require no need for approval in using Gen AI at all.
