Rockville, MD — When predictive coding and other machine learning (ML) tools first entered the eDiscovery world, practitioners reacted with both excitement and resistance. Early adopters saw the potential, but others questioned defensibility, transparency, and control.

Does that landscape sound familiar?

We’re seeing a similar pattern with generative AI and large language models (LLMs) and their eDiscovery applications today. The technology is faster, more powerful, and more versatile—but some of the same questions remain. That makes this an opportunity to apply what we’ve already learned.

Lesson 1: Technology is most effective when integrated into effective human workflows

Machine learning didn’t replace the practice of review—it advanced it.   The most successful predictive coding projects paired human judgment with algorithmic speed and scale. The same holds true for GenAI.

GenAI excels at tasks like:

• Drafting summaries or relevance previews
• Grouping similar documents for review batching
• Identifying linguistic anomalies or potential privilege indicators

But all of these functions are most effective when paired with human judgement, making a final call.

Lesson 2: Defensibility comes from process, not from tools

With ML, defensibility required transparency and validation.   Generative AI poses new challenges—as it is less linear—but the same principle applies.

If you want defensible outcomes:

• Design clear workflows with human checkpoints
• Create audit records of  interactions with GenAI and the results of actions
• Validate outputs through sampling or secondary review

Good process, not blind trust in AI, is what builds confidence and effectiveness.

Lesson 3: Attorney Empowerment Is the Real Efficiency Win

Machine Learning didn’t remove attorneys from the process—it changed the nature of their work.   They  became more strategic, more consistent, and better equipped to spot the outliers within collected data. GenAI advances that same transformation.

Just like with traditional machine learning, the firms that win with GenAI won’t be the ones who try to cut humans out of the loop. They’ll be the ones who reimagine the loop—who empower their teams with smarter tools, clearer processes, and more insightful data.

We don’t need to reinvent our approach to eDiscovery. We just need to evolve it—with the lessons of the past as a template.