EDRM Announced New White Paper

EDRM Announced New White Paper on AI Professional Responsibilities: eDiscovery Best Practices

Yesterday, EDRM announced a new white paper addressing AI professional responsibilities as they relate to eDiscovery. Here’s what you need to know.

The white paper is titled Professional Responsibility Considerations in AI for eDiscovery: Competence, Confidentiality, Privacy and Ownership, and it’s available here for download. This is the public comment version and “[c]omments from the public are welcomed until February 20, 2023 (you can submit comments via the same link as the download).

The white paper is offered by EDRM’s Analytics and Machine Learning’s subgroup on AI Ethics and Bias, led by Project Trustees, Khrys McKinney, Principal, K L McKinney and Dave Lewis, Chief Scientific Officer, Redgrave Data and supported by a project team of nine eDiscovery experts well versed in AI technologies and considerations.


As noted in the announcement, “Use of artificial intelligence (“AI”) tools in eDiscovery creates new opportunities for attorneys. By extracting, analyzing, and applying information from large data sets, AI tools can provide new insights, systematize processes, speed time to resolution, and reduce costs. A notable example is technology-assisted review (“TAR”), a process that makes use of machine learning to prioritize or classify relevant material in document reviews. Legal practitioners may reduce costs, time, and mistakes by applying TAR in litigation, antitrust reviews, investigations, and other matters. However, as legal teams’ uses of these technologies evolve, ethical issues may arise, particularly with the opportunities for reusing the results of the computer learning in future matters, but for different clients.”

The white paper itself is a straightforward, easy-to-read, nine pages that discusses competence, confidentiality, privacy and ownership at a high-level. It will be interesting to see what the public comment feedback will be (I already submitted one suggestion for improvement). 🙂

So, what do you think? How is your organization addressing ethical issues of using AI in eDiscovery? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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