AI in eDiscovery Review: How Legal Teams Are Using It Defensibly (and What to Avoid)
The Dos and Don'ts of eDiscovery Document Review with AI

AI speeds up and standardizes eDiscovery document review for legal teams, enabling them to prioritize the most important information. By slotting AI into existing legal workflows, legal teams are unlocking new capabilities while saving money and time.
Until AI stepped in, document review had been treated as a volume problem. Too many custodians, too many data sources, too many documents to review, redact, and produce. Each additional GB representing addition review and storage costs. As global data volumes grow, this process becomes harder to manage. It also becomes harder to get done right, and while teams rush through review, issues and inaccuracies can pile up. When used right, AI can help save time and improve accuracy.
So the question becomes, how do lawyers use AI correctly? And how do AI workflows stand up to scrutiny in document review and the legal process more widely?
What Does Defensibility Mean?
Defensibility is a common term that's often used but rarely explained. At its core, a defensible process is one that can be:
- Explained
- Justified
- Supported
Simply put, this process can defend itself if questioned. No, it doesn't have to be a perfect process, as courts don't expect perfection, but they do want to know that decisions were made thoughtfully. This means that methods should be consistent for the situation.
Even though AI is used, it doesn't mean it changes those standards. It just changes how legal teams demonstrate those standards to courts using defensible eDiscovery methods.
When you add AI to the workflow, legal teams aren't just demonstrating they're achieving outcomes; they also have to include a process for obtaining those outcomes, often supported by AI tools for lawyers.
How Does AI Improve Workflow?
It's important to remember that AI isn't replacing document review; it simply supports it. Once upon a time, legal teams would move through a data set. Now, they interact with it and adjust it as they go.
One of the biggest benefits is that legal teams can now prioritize their review documents. These teams would review documents without any rhyme or reason. AI now looks for the most relevant documents and reviews them as early as possible in the document review process.
This is a huge benefit to teams because key facts are brought to their attention sooner than if they just arbitrarily scan documents. From there, this helps attorneys improve their overall legal strategy and supports early case assessment.
Reviewers can now code a subset of documents. They are essentially training the system.
Over time, this logic is applied across a variety of document reviews. Eventually, the system is more accurate, creating a feedback loop. What keeps this human is that legal teams inform the system; the system just creates the patterns, improving legal document AI review.
How This Affects eDiscovery
This essentially helps with eDiscovery, especially by reducing paperwork redundancy. When legal teams are tasked with sorting through large datasets, they often find multiple versions of the same communication.
Take, for example, email threads-earlier messages might be repeated, which means they're scanning the same document multiple times. The same goes for attachments.
Advanced tools, such as AI, can help reviewers reduce the time they spend reviewing the same content. This makes AI extremely adept at removing duplication that wastes time and energy while improving efficiency in legal review.
AI also checks for any categories of concern, flagging them for legal teams to review ASAP.
Some items they might flag include:
- Privileged communications
- Personal data
- Sensitive contractual language
It's important to remember that AI does not replace human review; instead, it narrows its focus and work to prevent important items from being overlooked.
What to Avoid
The legal team must avoid falling asleep at the wheel while using AI. Much like going into cruise control on the highway, AI will speed up and standardize document review practices, but it is crucial that lawyers retain control over the direction.
Legal teams must document how a system was trained and how they arrived at certain decisions, and prove they have checked the results. If legal teams don't do this, it can raise questions about the reliability of AI. In all cases, legal teams should maintain pragmatism and transparency when using AI workflows.
Legal teams should also be properly trained on AI to ensure everyone understands its uses and functions.
Frequently Asked Questions
Is AI Replacing Human Document Reviewers?
No. AI helps reviewers with their ultimate role. This means attorneys and legal teams spend less time sorting through less essential documents and spend more time making decisions about the most relevant information.
How Do Courts View AI-Assisted Review?
In general, courts are receptive to AI when used in discovery, so long as legal teams use it reasonably and honestly. Courts aren't necessarily focused on the technology itself; instead, they're more concerned with how it's used. A set of "eyes" can offer structured validation. Legal teams can test AI accuracy and make changes as needed.
How Much Do Attorneys Need to Understand About AI?
Attorneys aren't expected to understand the technical details behind how AI works. However, they do need to understand the best way to implement this type of system within their existing legal team and overall review process. When attorneys understand how AI generates results and prioritizes documents, they are better able to defend their positions in court.
What This Means for Legal Teams Using eDiscovery Document Review
If you're ready to streamline eDiscovery document review in a way that's accessible and automated, Logikcull offers intuitive AI with you at the helm. This reduces the need for inflated costs and unnecessary vendors that complicate the process. If you're ready for a defensible workflow that's also faster and more affordable, schedule a demo today.
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