E-Discovery in the Year 2048: What the Future Holds
A Legalweek panel painted a picture of the future of legal that is more machine than human, where automation is key but the work never ends.
February 01, 2018 at 02:28 PM
4 minute read
What the future holds for legal professionals may be anyone's guess. But for speakers at the “A Day in the Life of a Futurist Jurist Empowered by Artificial Intelligence: An Ethical Dilemma” Legalweek 2018 session, examining changes that already afoot in the industry can offer some telling clues.
From artificial intelligence to automation and remote work, there here are three most significant predictions from the panel:
Fewer Human Members on Your Review Team
Ralph Losey, principal at Jackson Lewis sees the future as one where e-discovery review teams are more machine than human.
The reason? Advancement in artificial intelligence (AI) that is, for now, just a far off idea: “An algorithm computer, or bot that knows the law, knows every opinion, and not only that, but knows what the relevant information is for a particular dispute,” Losey said.
Still, though such a machine could replace the expertise of a lawyer on a review team, it wouldn't be able to handle e-discovery entirely on its own. “There would be still humans involved, and one of them would be the project manager,” Losey added.
While an AI program that is all-knowing in law seems far off, Losey noted that there are already some inroads being made toward this goal. “Look at what is already happening with traffic tickets … there's a traffic ticket bot that makes appeals, and it's already overturned tens of thousands of traffic tickets.”
A Meshing of Work and Personal Life
The mixing of work and personal life is one prediction that the session's speakers believe is already coming to fruition. “The separation between work and personal life has really started to blur in the past 10 years, and we think it will be accelerating,” Losey said.
Martin Tully, litigation partner at Akerman, noted that such “blurring” is spurred in no small part by the computer devices attorneys and other professionals carry on them at all times. He asked, “Is there a personal life when [smartphones] stay with you 24/7?”
The geographical and physical boundaries that separate work and personal life are also beginning to break down with the move toward remote work in the legal sphere, a trend that many believe will only become more pronounced in the years to come. Losey, for example, can see a time when attorneys working at a law firm will have “never been in its office.”
AI Will Bring Near-Total Automation to E-Discovery
Shannon Capone Kirk, e-discovery counsel at Ropes & Gray, believes that the e-discovery process “will be greatly approved with less fighting in the future” because of two important potential changes.
The first is the advancement of information governance technology “so that when data is created, it automatically gets sorted into the right buckets” and it is managed by other automated “information controls.” The second, she added, is “improvements in technology-assisted review” that will make it fairly simple and seamless to find all relevant documents within a data set.
Some, however, are skeptical as to whether such changes can come to fruition. Tully, for example, noted that many current technology professionals call such advancements in information governance a “mythical unicorn of auto classification,” believing it is difficult to develop, given “the various amount of data types and sources being created.”
But Losey can see a day where e-discovery happens without attorneys, instead of being done by AI and a team “with special training that knows how to work with the AI to find the relevant information from all parties. And they [find relevant information] equally, because they don't care” about the outcome of the review.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Supreme Court Considers Reviving Lawsuit Over Fatal Traffic Stop Shooting
- 2Long Hours and Lack Of Boundaries: Associates In India Are Leaving Their Firms
- 3Goodwin Procter Relocates to Renewable-Powered Office in San Francisco’s Financial District
- 4'Didn't Notice Patient Wasn't Breathing': $13.7M Verdict Against Anesthesiologists
- 5'Astronomical' Interest Rates: $1B Settlement to Resolve Allegations of 'Predatory' Lending Cancels $534M in Small-Business Debts
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250