Leveraging artificial intelligence in ediscovery: enhancing efficiency, accuracy, and ethical considerations

Stjepanović, Bogdana (2024) Leveraging artificial intelligence in ediscovery: enhancing efficiency, accuracy, and ethical considerations. In: Regional Law Review. Institute of Comparative Law, Belgrade, pp. 179-194. ISBN 978-86-82582-25-0

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Abstract

Developments in digital technologies over the past few decades have profoundly affected every area of law, from the practice of individual lawyers to court procedures. Today, systems can draft documents, conduct legal research, disclose documents in litigation, conduct due diligence, provide legal guidance, and even resolve litigation online. The traditionally conservative legal profession is now compelled to embrace these changes to stay relevant in the changing world. Discovery is a crucial part of court procedure in common law jurisdictions. It allows each party to obtain the information needed to prepare for trial, evaluate the strengths and weaknesses of their case, and develop strategies for success. As more information is stored electronically, the need for an electronic form of this litigation phase emerged. Since 2006, electronic discovery (eDiscovery) has been officially recognized. Electronic discovery, or eDiscovery, refers to the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit or investigation. ESI encompasses a wide range of digital data, including emails, online documents, spreadsheets, databases, digital images, presentations, audio and video files, social media posts, and websites. The primary purpose of eDiscovery is to support litigation, but the processes of identifying, preserving, collecting, and analyzing ESI are applicable to any organization facing legal or regulatory compliance requirements. Companies in EMEA and APAC regions, even without formal eDiscovery rules, use the technology in anticipation of litigation or regulatory action, to redact sensitive information, conduct internal investigations, perform fact-finding audits, and manage company data. In this article we are going to analyze the eDiscovery process in general, including its phases, advantages, and disadvantages. It will also examine the impact of Artificial Intelligence (AI) on eDiscovery. Given that both AI and eDiscovery are highly complex and rapidly evolving fields, the aim of this article is to provide a preliminary overview of AI’s use in eDiscovery and to explore potential future developments.

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