What does “human in the loop” really mean for agentic AI in eDiscovery? Exterro discusses what true oversight really requires here!

The article from Tim Rollins, Director of Content Marketing at Exterro titled (wait for it!) What Does “Human in the Loop” Really Mean? (available here) discusses how every enterprise legal technology demo features a reassuring phrase: “Don’t worry, there’s always a human in the loop.” It sounds like a foolproof risk mitigation strategy. If an autonomous agent makes a mistake, an experienced litigator, paralegal, or eDiscovery specialist will catch it before anything consequential occurs.

But what does it really mean?

In high-volume discovery environments, an unassisted human approval gate quickly deteriorates into a digital rubber stamp. When an agent flags 300 prospective custodians across thousands of communication channels and presents them as a flat, context-free list, human oversight breaks down. Faced with tight deadlines and cognitive overload, more than a few reviewers will click “Approve All.”

At that point, “human in the loop” stops functioning as an operational control. At best, it’s a liability-management slogan. Except the courts don’t see it that way. 

True oversight is just one principle underpinning how to responsibly use agentic AI in eDiscovery workflows. Learn about the others in the Exterro whitepaper, When AI Starts Doing the Work: Six Principles for Governing Agentic AI in eDiscovery.

So, what is the certification trap? What are the four distinct phases of agentic work? And what is the defensibility standard? Find out here, it’s only one click. You’re the human in this loop! 😉

So, what do you think? Are you embracing agentic AI in eDiscovery? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using ChatGPT, using the term “one smiling human standing in a circle of robots”.

Disclosure: Exterro 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.