Litigation Technology and E-Discovery
The survey volume on Litigation Technology & E-Discovery, which features polling data from 443 attorneys, also addressed AI in its findings. Indeed, with the proliferation of machine learning solutions such as predictive coding and technology-assisted review (TAR) starting in the early 2010s, e-discovery stands out as a key area where advancements in artificial intelligence will likely continue to build on previous innovations in the collection, review, and production of electronically stored information (ESI). Of the survey respondents whose firms have been involved in cases requiring the processing or review of ESI, those attorneys indicated that 69.3% of their cases have incorporated early case assessment (ECA) to some degree. When asked to specify which analytics techniques they used for ECA, predictive coding was cited 9.0% of the time.
Turning to the actual review and processing of ESI, the survey provided a list of various techniques and asked respondents which ones they used. Basic keyword searching still came out on top, having been cited 85.3% of the time. However, natural language search also accounted for 64.9% of mentions, followed by other advanced techniques such as concept searching (37.2%), AI-assisted search (27.6%), and predictive coding (22.3%). Drilling down further into the latter, document prioritization was the most widely cited use case at 71.4%, with predictive coding outputs also being conscripted for purposes of data culling (57.1%), review of an opposing party’s production (55.1%), and checking a review team’s work (49.0%). In terms of factors that would prompt the use of predictive coding, “short timeframes/deadlines” were cited 72.9% of the time, followed by “minimum number of documents” (52.1%), “need to get the facts of the case” (43.8%), and “straightforward content types” (25.0%). On the flip side, respondents were also asked to identify which factors were preventing them from using predictive coding and unfamiliarity with the technology was the most frequently attributed blocker at 75.9%, outpacing other considerations such as case size (17.7%) and monetary cost (10.6%).
Conclusion
While survey volumes I and IV provide tangible analyses of AI deployment in the context of online research and e-discovery respectively, there is a conspicuous dearth of AI coverage in the other reports, which likely reflects the current limitations and practicability of the technology. For example, law firm marketing is still largely human-driven with its focus on relationship-building, professional reputation, and regulatory compliance, which means that the adoption of AI remains sporadic, cautious, and often limited by ethical concerns, despite the introduction of tools like chatbots, content generators, and email automation. Likewise, within the broader landscape of law office technology, AI exists as more of a “layer” added onto the existing systems that keep a business operational (e.g., hardware, document management, and cloud services) rather than a core office technology in and of itself. Finally, regarding technology basics and security, AI also inhabits the margins for the time being since those conversations continue to be rooted in traditional, well-established technologies, particularly with respect to foundational infrastructure such as budgets, training systems, backup protocols, and cybersecurity frameworks.
Accordingly, the 2024 Legal Technology Survey Reports paint a nuanced picture of AI adoption within the legal profession. While enthusiasm for artificial intelligence is palpable in specific areas like online research and litigation technology, mainstream integration remains nascent. Misgivings about accuracy, reliability, and data privacy, coupled with uneven adoption rates across firm sizes and a general sense that the technology is still several years from widespread use, highlight the cautious yet growing engagement by legal professionals with AI. As lawyers navigate their ethical duty to understand technological advancements, resources like continuing education programs, trade publications, and consulting with subject matter experts will prove crucial in bridging the knowledge gap and fostering a more comprehensive understanding of AI's evolving role in the practice of law.