GenAI is shaking up eDiscovery. But, as Daniel Bonner discusses, proven eDiscovery approaches are still needed to maximize its potential.

Daniel’s post on the ACEDS blog (Same as It Ever Was: How Proven eDiscovery Approaches Help Leverage Generative AI, available here) starts out by referencing our 2024 State of the Industry report by noting that our survey found that nearly a quarter of legal industry professionals expect generative AI and large language model (LLM) technology to have a transformative effect for eDiscovery this year. Thanks, Daniel!

But, as Daniel notes, while these tools have shown tremendous promise in streamlining eDiscovery review, they are most effective when used properly, and in conjunction with a sound approach. Best practices are the key to success with GenAI, just as they are with any review methodology.

And Daniel discusses some of those best practices in this article. For starters, he discusses how the perceived ease of use of GenAI and LLMs can be deceiving. As he notes: “Just as poorly developed keyword searches can retrieve result sets that are under-scoped or over-broad, poorly written prompts can retrieve a lot of information from the GenAI model that you don’t need. Or worse, they fail to retrieve the information you do need. Just as there are best practices for constructing and refining keyword search terms, there are best practices for how you submit prompts to AI models.”

These best practices involve prompt engineering, and Daniel provides an example of iterative prompt engineering in the article.

He also discusses an important workflow to enable review teams to “plan effectively, execute efficiently, and validate thoroughly”. When you read it, you’ll realize why the title includes the phrase “same as it ever was”. The technology may be new, but proven eDiscovery approaches help you get the most out of that technology! Check out Daniel’s terrific article here!

So, what do you think? Have you incorporated genAI into your eDiscovery workflows yet? Please share any comments you might have or if you’d like to know more about a particular topic.

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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.