Extract from Xavier Diokno’s article “Responsibly Cautious: A Best Practices Guide for Implementing Generative AI in eDiscovery”
Generative AI (GenAI) has captured the legal industry Zeitgeist over the last year, and for good reason. In eDiscovery, an industry dominated by formulaic searches comprised of keywords, which are often scattershot or “best guesses,” this newer, fast-evolving technology allows users to search their data using natural human-like questions. With new use cases and applications of technology only limited by our creativity, it is fueling a new headline almost daily.
GenAI can be applied to potentially any number of meaningful and useful workflows within eDiscovery, including, but not limited to, summarizing or translating documents, investigating documents, and enhancing document review. However, as legal tech vendors race to incorporate GenAI into their platforms, it’s important to take a responsible and low-risk approach.
Speed Kills
Software vendors strive to be first-to-market with headline-grabbing claims. This is based on the false premise that being first equates to being the best or most innovative. However, like the tortoise racing the hare, experienced legal practitioners know that slow and steady (or having a documented defensible process) wins the race. eDiscovery practitioners operate at a thoughtful, measured, and deliberate pace, where speed can have catastrophic results—missed documents, production of privileged content, and worst of all, loss of client trust.
