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Generative artificial intelligence (GenAI) tools are now integral to e-discovery platforms, enhancing efficiency in document review and reducing manual labor. Companies like Relativity, Reveal, Everlaw, and Disco are leading this transformation, but the integration of GenAI into Electronic Stored Information (ESI) protocols remains a complex issue. The legal community is grappling with whether to disclose the use of GenAI tools in these protocols, weighing the benefits of transparency against potential drawbacks.
The article discusses the evolution of technology-assisted review (TAR) and how GenAI complements it by allowing natural language queries for document retrieval. Court rulings on TAR disclosure provide a framework for understanding how GenAI might be treated, but the legal landscape is still developing. As courts and the American Bar Association issue new guidelines, the future of GenAI disclosure in legal practices will likely evolve, necessitating careful consideration by legal professionals.
• GenAI tools are now essential for e-discovery platforms.
• Legal professionals debate the disclosure of GenAI in ESI protocols.
GenAI refers to AI systems that can generate content and perform tasks based on natural language queries.
TAR is an AI-driven process that uses trained models to assist in document review and classification.
ESI encompasses all forms of electronic data that may be relevant in legal proceedings.
Cozen O'Connor is a law firm that integrates advanced technologies in e-discovery and information governance.
Relativity provides e-discovery software that incorporates GenAI tools to streamline document review processes.
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