When negotiating an AI-friendly ESI protocol, there are 3 adversaries you might meet. This blog post by Sam Bock at Relativity identifies them.

The post, titled (wait for it!) 3 Adversaries You Might Meet Negotiating an AI-Friendly ESI Protocol (available here), discusses (wait for it again!) 3 adversaries you might meet negotiating an AI-friendly ESI protocol (duh!). Here’s one of them:

The Willing Collaborator

Tone: Cooperative, curious, forward-thinking

Position: Open to using generative AI, and maybe already doing so. Wants to create shared protocols that reduce friction and build mutual confidence.

This adversary is your dream opponent: collaborative, pragmatic, and genuinely interested in finding efficiencies that benefit everyone. They’re not here to fight about whether AI belongs in discovery; they’re here to make sure it’s used responsibly.

How to recognize them: They’ll ask questions like:

• “What kind of validation workflow are you proposing?”
• “How can we make sure the process is explainable to a judge if needed?”

These are all good signs. As one speaker put it during the Fest session, “You need a protocol established. It makes sense from the perspective of getting the other side on board; this isn’t the kind of process we want to go through again.”

In other words, the Willing Collaborator understands that defining a clear process early prevents re-litigation of discovery issues later.

How to engage them: Share your process proactively. Offer transparency—especially around validation metrics and safeguards—and emphasize proportionality and cooperation. Highlight how your validation process builds confidence without overexposing privileged or proprietary work.

If you’re both using tools like Relativity aiR for Review, point to validation workflows that make your process defensible, explainable, and repeatable. Show how your review meets (or exceeds) the same quality thresholds as traditional and early-generation TAR methods. This is your chance to build mutual trust and set a model for future matters.

So, what are two other adversaries you might meet negotiating an AI-friendly ESI protocol? Find out here, it’s only one click! No adversaries standing in your way! 😉

So, what do you think? How do you address AI in your ESI protocols? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using DALL-E 3, using the term “three robot lawyers sitting on one side of a conference room table each wearing a suit”.

Disclosure: Relativity is an Educational Partner and sponsor of eDiscovery Today

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.