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Legal Tech's Predictions for E-Discovery in 2024

Author: Stephanie Wilkins

…David R. Cohen, E-Discovery Practice Group Leader, Reed Smith: “It is easy to predict the evolution of new generative AI tools and capabilities for e-discovery, but harder to predict how the pricing structure will work. Initially, many of the new tools will carry a high price tag because of research and development costs. Vendors will soon realize, however, that when it comes to evidence analysis, the ‘winners’ will be companies that figure out how to ingest large volumes of information quickly and securely at low cost, integrate with existing e-discovery systems and workflows, and then yield significant time and cost savings in analyzing, classifying and querying the information.”…
…Ryan Hemmel, Solutions Engineer, ProSearch: “As in-place eDiscovery tools such as Microsoft Purview become more widespread, corporations will bring more of their discovery in house, both to reduce costs and to limit the volume of data being transmitted outside of their boundaries. To account for this, traditional eDiscovery providers will need to adjust their business models away from a volume-based approach and toward a more consultative focus, with an emphasis on helping their clients maximize the value of these tools.”…
…David Horrigan, Discovery Counsel and Legal Education Director, Relativity: “In 2024, going a step further, I believe generative AI specifically will replace electronically stored information as the debate du jour in litigation protocols. That’s right, 2024 will be the year we fight over AI protocols as much as we fight over ESI protocols. What should an AI protocol contain? Should one even have an AI protocol? Find out in 2024.”…

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Editor Comment:

Stephanie Wilkin’s collection of e-Discovery predictions is a good read. I like how David Cohen called out the pricing elephant in the corner and laid out a potential path to success for providers. The best expensive solution will lose market share to it’s more accessible competitor every time.

I wish that I had Ryan Hemmel’s confidence in the speed of M365 Purview adoption by corporate e-Discovery teams. I have been pushing providers to create mature consultive managed service offerings for years. Most are too addicted to the $/GB crack to let go of the massive profits of the big matters.

I am certain that some early adopters such as Maura Grossman will push the first AI protocol agreements in 2024 and David Horrigan will masterfully dissect the resulting court orders. However, I expect the broader market to have learned from the early PC/TAR stumbles. Early adoption will supplement ECA, prioritization and other review adjacent e-Discovery functions that add value and cut cost without requiring a blessing from the bench or opposing party.

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