Co-authored by David R. Cohen, Therese Craparo, and Anthony J. Diana

In our AI explained series, we explore the challenges and opportunities in the rapidly evolving artificial intelligence (AI) landscape. In this episode of Tech Law Talks, we discuss how generative AI is creating new options for legal teams in case preparation and analysis, and its potential to enhance machine-assisted legal processes in e-discovery.

For the last 20 years, lawyers have been using AI, including machine learning, predictive coding, and document analytics, to streamline and improve document analysis. Over time, computer-assisted e-discovery has gained credibility and acceptance in the legal industry. 

However, the emerging wave of generative AI, based on large language models and driven by leaps in computing power, has significant potential to further advance e-discovery. 

Generative AI can produce new content, such as text, images, or audio, based on existing data and user inputs. For example, it can summarize documents, answer questions, draft privilege logs, and create witness outlines. Generative AI has the potential to increase efficiency in e-discovery, particularly given its ability to quickly evaluate and digest complex and diverse data sources. 

However, generative AI poses some challenges and uncertainties for e-discovery practitioners and stakeholders, including:. 

• How can we be sure that AI-generated content is accurate and reliable, especially when it’s used in legal applications? 
• What are the appropriate use cases for generative AI in e-discovery? Where will it really help to gain efficiencies or improve work product?
• How can generative AI augment or complement existing AI tools in e-discovery, which have already proven to be effective and efficient?
• What new skills and competencies do lawyers and e-discovery professionals need in order to effectively use and oversee generative AI tools? 
• How disruptive will generative AI be to the e-discovery workflow and dispute resolution process? 

As generative AI becomes more accessible and sophisticated, e-discovery practitioners need to keep pace with the technology and its implications. Generative AI may not replace lawyers or human review entirely, but it may change the way they work and the value they deliver. 

Generative AI promises to present opportunities and challenges, requiring a balance between innovation and caution, and between collaboration and competition.