eDiscovery 2026

eDiscovery 2026: The AI Tipping Point: eDiscovery Trends

Joe Bartolo is at it again! Using the 2026 State of the Industry report, he created an infographic titled “eDiscovery 2026: The AI Tipping Point”!

eDiscovery Today released the 2026 State of the Industry Report last week and distributed it to those who took the survey and (of course!) subscribers of eDiscovery Today. Shameless plug warning: If you’re not currently an email follower of the blog, you can get a FREE copy of the report (and any report eDiscovery Today publishes) simply by following the blog via email.

As he did here, Joe used Google’s NotebookLM to generate the infographic. Here is the infographic:

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Right click and open in new tab to see it expanded

NotebookLM captured several key stats from the report, including:

  • More than a third of respondents (37.4%) expect generative AI & LLM technology to have a transformative effect for eDiscovery – this year! Nearly a quarter (23.3%) thinks it already has had a transformative effect! So, 60.7% think LLMs/GenAI will be transformative by the end of the year! No one (zero, zilch, nada!) out of 559 respondents expects LLMs and genAI to have no effect this year!
  • Also, generative AI & LLM technology is once again being applied to seven different eDiscovery use cases by more than 30% of respondents! The top three are: Doc Review (66.2%), Doc Summarization (65.8%) and Case Strategy/ECA (52.4%).
  • 48.1% of respondents identified increased use of artificial intelligence technology as the top discovery trend of 2026.
  • For the sixth year in a row, respondents said lack of eDiscovery competence is the challenge (22.2%) we most need to talk about.

Of course, as you can imagine, there’s only so much that can be captured on a single infographic. That said, the infographic doesn’t say anything about how many cases respondents are using generative AI & LLM technology. Or whether the use of predictive coding is rising or falling. Or trends related to mobile devices and collaboration apps. Or business-related trends in eDiscovery, or whether respondents think hyperlinked files should be treated as “modern attachments”. And it doesn’t include any breakdown across the five main respondent groups of Software or Service Provider, Law Firm, Consultancy, Corporation or Government Entity. To get all that, you’ll still have to get the report.

Nonetheless, it’s a terrific infographic that identifies several key trends from the report! Thanks, Joe!

In addition to getting the report, join Mary Mack and me today at 1pm ET on the EDRM webinar as we discuss and analyze findings from the report! Register here to join us!

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So, what do you think? Have you tried the infographic capability in NotebookLM yet? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “robot looking at a computer screen with an infographic on it”.

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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2 comments

  1. Didn’t the poll ask us to exclude “e-discovery competence” as the challenge we most need to talk about? That suggest that the number reported is artificially low. What did I miss here?

  2. Craig,

    The POLL didn’t ask people to exclude “lack of eDiscovery competence” – that selection was there (as always). It was my question to thought leaders where I asked them for the challenge we most need to talk about – “other than lack of eDiscovery competence”. So, that’s where you saw it, not in the poll.

    P.S.: Thanks for providing your thought leader observations for the SIXTH year in a row!

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