Live from the RED Carpet! Here with me is Mari Miller, fresh off her breakout role in the CLE presentation GenAI FYI: Practical Considerations in Incorporating GenAI Tools in E-Discovery Projects. Let’s dive into a quick Q&A to get her insights. 

Q&A

Q1: First off, Mari, let’s set the stage. When a presentation opens with Talos and Hephaestus, you know you’re in for something memorable. What are some of the more memorable ways that generative AI has evolved in the legal industry, especially in e-discovery, and what have been some of the standout milestones?

A1: LOL thanks, Craig. I appreciate your knowledge of Greek mythology! AI isn’t just a buzzword. It’s been evolving since the 1950s, starting with rules-based systems and advancing through machine learning and predictive analytics. The 2022 public release of ChatGPT marked a turning point, propelling generative AI into the legal mainstream. Today, GenAI is integral to e-discovery, driving efficiencies in review, document summarization, privilege identification, and timeline generation.

Q2: One thing Anthony Diana emphasized in the presentation is that the way we define AI really matters. From an e-discovery standpoint, when we’re dealing with ESI protocols or negotiating how AI will be used, lawyers need to be precise about what kind of technology is in play because different tools come with different risks. So, with that in mind, what are the biggest benefits and risks of using AI tools in e-discovery?

A2: Well, GenAI can offer significant benefits: increased efficiency, speed to knowledge, and cost savings. It can prioritize reviews, enhance quality control, and augment human decision-making, allowing lawyers to focus on higher-value work. However, risks remain. GenAI can “hallucinate” or produce inaccurate content. Additionally, overreliance is dangerous, as AI can’t replace human judgment. To mitigate these risks, legal teams must implement strong governance by validating and verifying AI outputs. Despite the risks, as Marcin Krieger noted, “Using AI in discovery projects should be the rule, NOT the exception."

Q3: Absolutely! We all should be incorporating AI into our legal practice. To that end, what about the practical side? What tips or traps should legal teams keep in mind when rolling out GenAI tools for their day-to-day work?

A3: Start by getting hands-on with GenAI tools. Test both free and licensed versions to understand their capabilities and limitations and use the right tool for each task. Conduct security audits and negotiate contracts that safeguard data and intellectual property. And don’t forget—training and supervision are critical! Staff must know when to rely on AI and when to triple-check the output. Always verify AI outputs, secure client consent, and align billing practices with AI usage. Make sure to update protective orders to address GenAI and stay vigilant for bias or IP issues. Avoid these things: uploading sensitive data to public tools, overreliance on AI without verification, and noncompliance with regulations, use restrictions, and client guidelines. 

Thanks to Mari for stepping into the spotlight and sharing her insights. The full program is available for CLE credit!