Paralegals Aren’t the “Secret Weapon” of Litigation Teams — They’re the Foundation

August 20, 2026

Last week, I announced that I’ll be speaking on an ACEDS webinar titled “Why Paralegals Are the Secret Weapon for Legal Teams in an AI Era” on August 21, 2026. The response was immediate — and revealing.

Some celebrated the framing.


Janice Holman, Head of Global Academic Partnerships at Relativity called paralegals “the glue, soul and spirit that keep firms together.”

Shannon Bales, LitigationSupport Senior Manager at Munger Tolles, simply said, “This is true.”

Others pushed back.


Kai Huffman, Paralegal Manager-Midwest at Freeman Mathis & Gary LLP noted, “I don’t know that being the ‘secret’ weapon is what we should be striving for as a profession.”

And Sheila Grela, well known Advocate for Legal Education and Training and Sr. Paralegal and Certified eDiscovery Specialist at Buchalter in San Diego, in classic Sheila fashion, responded:

“Secret weapon? Bless your heart. We have been sitting at the table all along.”

That line stuck with me — because it’s at the heart of the issue.

We’re Still Having The Wrong Conversation

The surprise isn’t that paralegals matter in the age of AI. The surprise is that we’re still talking about their value as if it’s a new discovery.

The legal industry is obsessed with AI right now in demos, tools, workflows, conferences. And yes, the technology is impressive. But as Sheila points out in several related posts, the real transformation doesn’t come from the tool. It comes, rather, from the person in the meeting asking, “Are we sure we collected everything, considered the risk, and asked the right question?”

That person is very often the paralegal.

AI may provide the ship but paralegals are the navigators.

AI Produces Answers. Paralegals Ask Better Questions.

Sheila notes that the legal profession loves efficiency, and AI delivers it:

  • Need a summary? AI can do it.
  • Need a first draft? AI can do it.
  • Need themes across thousands of documents? AI can help.

But before any tool is selected, configured, or trusted, someone must ask:

  • Did we collect the right data?
  • Did we identify the right custodians?
  • Are we solving the actual problem?
  • What risk are we overlooking?
  • How will we validate the results?

Those aren’t technology questions. They’re judgment questions and judgment is the paralegal’s domain.

AI Is Making Paralegals Less Reactive and More Proactive

According to the 2026 ILTA Legal Technology Survey, 61% of law firms have deployed AI tools specifically to augment paralegal productivity. These tools aren’t just time‑savers — they’re reshaping the role itself.

AI‑literate paralegals are now:

  • Suggesting claims or defenses based on patterns
  • Spotting contradictions in witness statements
  • Building pre‑trial checklists from past matter data
  • Assisting privilege review with AI tagging systems

This shift mirrors what New Orleans attorney and AI consultant Daya Naef said recently in a video she posted at https://www.youtube.com/watch?v=zgRCzk67v7Y and Above The Law columnist Joe Patrice mirrored in his column at https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/ have been saying, technology only works when workflows exist to support it.

Most firms don’t have those workflows documented. But AI can help capture them and it doesn’t have to be expensive.

The Demo Is Never the Reality

Sheila nails this point when she says “In the demo, the data is clean… Then reality arrives.”

  • The custodian retired.
    The shared drive was never collected.
    The retention schedule is a decade old.
    Half the files are duplicates.
    And fourteen versions of “Final.xlsx” are floating around.

AI doesn’t fix that. Paralegals do.

Choosing the Right Tool Is a Judgment Call, Not a Tech Decision

Successful AI adoption isn’t about picking the newest tool. It’s about picking the right tool for the right objective.

Paralegals translate matter needs into testable questions:

  • What result do we need?
  • What information will the tool receive?
  • What will remain outside its view?
  • How will we test the output?
  • Who decides when an exception requires escalation?

AI output is not self‑validating. It can be polished, consistent, and confidently wrong.

It’s paralegals who ensure the process is thoughtful, tested, and grounded in reality.

Stop Calling Paralegals a Secret

A “secret weapon” sounds like something you pull out only when you’re already in trouble.

Paralegals have never been a secret. They’ve been here from the beginning. They’ve been connecting dots, filling gaps, challenging assumptions, coordinating stakeholders, and asking the questions that prevent avoidable mistakes.

Sheila says it best:

“The future of legal work is not artificial intelligence alone. It is amplified intelligence guided by professionals who know how to connect the dots, fill the gaps, identify risk, and move the work forward.”

I’ve said for years: keep the attorney in AI.  Now it’s time to say: keep the attorneys and the paralegals in AI.

Join the Conversation

If you care about the future of legal work — and the people who actually make it run — join us on August 21.

Register here:
https://events.zoom.us/ev/AgERnLQI_bT-zcEazVHeopdSNvio2rKMECUNmcpShP7MKzGE-g_E~AnxpS0Vj7zir40mz7CVCxLQiJPz-JzaObsfXiYkpBWVYXcm15i9Q54uEKlgRKaWGD9AxMhYJg68wgC9UU0tpFH5twA (events.zoom.us in Bing)

I look forward to hearing what you have to say.

Tom O’Connor

Aug.16, 2026


My Comments on EDRM v2.0

August 19, 2026

The Electronic Discovery Reference Model has completed the public comment period for the new version 2.0. First stewarded by Tom Gelbmann and George Socha, it has served as the foundational visual reference for discovery practice since 2005.  EDRM 2.0 modernizes that framework to reflect two decades of evolution in technology, data volumes, rule changes, regulatory expectations, cross-functional practice, and considered court decisions.

David Coehn, CEO of ATJustice and chair of EDRM’s board of project trustees said, “This was a terrific team effort, achieved over a very busy two-year span, and drawing on the input of more than 100 knowledgeable and diverse EDRM members, as each aspect of the model was painstakingly reviewed and discussed – multiple times,”.  I joined the committee late in the process (the fall of 22025) and participated in several of what David called “… spirited debates” during that time.

Rian Kennedy, Director of Legal Hold Sales at DISCO and EDRM 2.0 co-project trustee, noted that “While we continually debated going back to the original model, the updates better reflect today’s eDiscovery workflows. The biggest improvements in my mind are making the IGRM the foundation, extending Analysis across the workflow, and better grouping of the phases on the left side.”

 I agree with most of that statement, with two exceptions

The changes I agree with are: 

• Continuous Analysis. This feature now extends across the bottom of the entire diagram and is a key change. Analysis is ongoing, continuous and often iterative, as new data comes forward and new issues arise.  It is an approach I always favored strongly when I wrote my ED Checklist Manifesto in 2020. (https://ediscovery.aceds.org/hubfs/2020-55_ACEDS%20eDiscovery%20Checklist%20Manifesto.pdf )

• Data Acquisition framework. Continuing with the concept of a unified platform, these combined steps do often act together and grouping them together just makes sense.

• Disposition as a specific phase. Legacy data is an issue that is often overlooked but given the huge increase in data volume, can be a costly line item if not addressed. Ethical issues with handling data at the end of a case are also important and this focus brings that issue to the forefront.

Where I disagree:

It is a minor point on its own but tied to a deeper issue which I discuss further below. The diagram still shows the items after data acquisition in a sequential flow. Much like the Data Acquisition, I would have preferred to see some lines or interface which shows those as continuous or iterative. Again, one of the reasons I did my Checklist Manifesto in a wheel format and will continue that approach in the EDiscovery Checklist Manifest 2.0 (© 2026 GLTC) once EDRM 2.0 is finalized

When EDRM first came out, a common complaint I received at lectures was “looks like a map of the NYC subway system”.  Why is this important?

As Craig Ball said in his March 2026 post, The EDRM Isn’t Broken; It’s Misunderstood (https://craigball.net/2026/03/18/the-edrm-isnt-broken-its-misunderstood/)

“The EDRM is a reference model — not a workflow, not a structure, not an operational blueprint.  It maps what needs to be addressed, not how to do it.”

V2.0 goes a long way to correcting the “workflow” interpretation but this point does not. And my last area of disagreement does so even less. V2.0 layers what the EDRM now calls “The Information Governance Foundation” at the bottom of the chart. The Information Governance Reference Model (IGRM) grounds the discovery lifecycle as a foundational layer, reflecting how governance principles shape every downstream discovery activity.

So first a little history

The original 2005–2006 EDRM diagram did not have an Information Governance (IG) box. IG was added years later and only became a formal “box” in the 2014–2015 redesign. George Socha and Tom Gelbmann were explicit that the EDRM was a reference model for eDiscovery, not for enterprise information management and IG was considered outside the scope of discovery in 2005–2006. The model intentionally started at “Identification” because that’s where litigation response begins

Only later did the profession begin to realize that discovery is downstream of governance, mostly in the corporate environment. “Information Governance” became a discipline in 2010–2013, as organizations began adopting IG frameworks (ARMA, ISO 15489, GARP). EDRM responded by exploring how IG related to discovery.

The creation of the IGRM (Information Governance Reference Model in 2011 was a separate model, not part of the EDRM diagram. It mapped stakeholders (Legal, RIM, IT, Business) and their roles in governing information.

The IG box was formally added in the 2014–2015 EDRM refresh and was placed to the left of Identification and framed as an upstream precursor to discovery.

But v2.0 seems to have taken another evolutionary step by explicitly saying: you cannot treat eDiscovery as a standalone workflow anymore. Every step in discovery from preservation to production must be built on top of Information Governance (IG) principles. IG is no longer a side‑node or a precursor; it is the foundation that shapes, constrains, and enables all downstream discovery activity.

More troublesome, it seems to say that “Governance Principles” determine what discovery can do. The new IGRM v4.1 emphasizes unified policies, stakeholder alignment, and a perpetual policy‑process cycle, as it expands stakeholder groups to seven (business, IT, security, RIM, legal, risk, privacy) and seems to hold that discovery cannot function unless these groups have already aligned on:

  • retention schedules
  • access controls
  • privacy obligations
  • security requirements
  • metadata standards
  • cloud governance
  • AI‑related data policies

I have two main objections to this approach.

First, this concept may work fine for large corporations and the firms that work with them but it doesn’t work so well for other groups. Who, you ask?  Well, small and mid‑sized businesses. According to the SBA, small businesses make up about 99.9% of all firms in the US or essentially the entire business landscape.

Then we have small and mid‑sized law firms. If we define those firms of being 50 attorneys or less, they are 90% of the market according to surveys by the ABA, Clio, Thomson Reuters and the US Census.

And let’s not forget legal service providers (LSPs) and ALSPs, public service entities, technology vendors and integrators as well as the individuals who may make up class action or MDL suits.

So, the word “principles” implies standardized rules but most people don’t have those. Across the spectrum of business and legal users, governance may be formal, informal, accidental, or a technology default system.

Which reaches my second point. Remember Craig Ball’s statement I quoted above?  “The EDRM is a reference model — not a workflow, not a structure, not an operational blueprint.  It maps what needs to be addressed, not how to do it.”

In IGRM language, principles are conceptual dependencies, not uniform policies. It’s closer to saying:

  • discovery depends on retention behavior
  • discovery depends on storage behavior
  • discovery depends on access control behavior
  • discovery depends on deletion behavior

Those behaviors may be:

  • formally documented (corporate)
  • legally mandated
  • completely ad hoc or informal
  • even accidental

Furthermore, saying that the IG model is “foundational” additionally strengthens the impression that the EDRM is providing a structural framework, what Craig Ball called “an operational blueprint” , and not the reference model it was intended to be.

 So, if we rewrite the mandate in plain language, it may sound something like:

Discovery operates within the realities of how information is created, stored, retained, accessed, and disposed—whether those practices are formal, informal, accidental, or technologically imposed. That governance naturally shapes what discovery can preserve, collect, process, review, and produce.

The idea is to remove the implication of standardized IG “principles”. That is, to be sure that EDRM reflects that these are not ISO‑style governance rules and makes clear that discovery depends on actual behavior, not formal policy. It is more inclusive of all party types and matches how the vast majority of practitioners actually work

Litigation support, forensics, and eDiscovery teams don’t ask, “What are your IG principles?”  Rather, they ask, “Where is the data? How long is it kept? Who controls it? What gets deleted? What systems are in play?”

That’s just my 2 cents.


The Top 5 Myths of AI

August 18, 2026

The current discourse surrounding Artificial Intelligence (AI) is often obscured by hype and misunderstanding. To leverage this technology effectively, particularly in high-stakes fields like law, professionals must separate actual capabilities from persistent myths.

1. The Reasoning Trap: AI is Not Human

The most fundamental misunderstanding is the belief that AI thinks like a human. AI does not reason, understand, or possess intention; instead, it is a sophisticated system for recognizing patterns and predicting outcomes based on data. Experts describe the mistake of confusing fluency for reasoning as a “category error”. While a Large Language Model (LLM) can generate a “chain of thought,” this is merely a sequence of generated steps rather than an actual inferential process.

Many commentators refer to AI as stochastic parrot. Just as a parrot may use logical transitions without understanding logic, AI produces the language of reasoning without the underlying structure of thought. This distinction carries legal weight: for example, California Civil Code section 1714.46 prohibits the “AI did it” defense, holding developers and implementers legally responsible for the system’s actions.

2. The Iceberg Effect: Value Beyond Drafting

While AI is frequently used for drafting and summarization, these tasks represent only the “tip of the iceberg regarding its potential. For law firms, the most significant Return on Investment (ROI) comes from administrative and preparatory work, such as intake, document organization, eDiscovery triage, and identifying workflow bottlenecks.

3. The Efficiency Fallacy

There is a common efficiency fallacy that installing AI automatically reduces legal costs. In practice, AI can actually accelerate existing inefficiencies if workflows are not redesigned. Tangible gains are dependent on training, governance, and integration rather than the tool itself. While large firms have more resources, smaller firms may be more agile in executing the workflow redesigns necessary to realize AI’s true value.

4. Transformation, Not Replacement

The fear that AI will replace entire professions is a durable myth; however, data indicates that AI replaces tasks, not judgment. AI excels at pattern recognition and research, but it cannot perform strategy, negotiation, client counseling, or ethical reasoning. Successful adoption involves using AI to “shorten the runway to the point where human judgment begins, allowing professionals to focus on high-level advocacy.

5. The “Truth” Delusion and the Verification Gap

It is a mistake to believe AI always knows the right answer. AI can be highly confident while fabricating information or reflecting training biases. A Stanford Reglab study found that Lexis+ AI hallucinated approximately 17–20% of the time, while Westlaw AI-Assisted Research hallucinated 33–34% of the time—meaning Westlaw hallucinated roughly twice as often as Lexis.

These errors often occur because AI, even with Retrieval-Augmented Generation (RAG), fails silently. If a system retrieves irrelevant cases or outdated law, the model does not know retrieval failed and will continue to produce an answer. Furthermore, citation tools like Shepard’s cannot verify invented cases; they simply return no results, which AI models interpret as permission to continue rather than a red flag.

Additionally. document drift is a phenomenon where an AI system gradually alters the meaning, scope, or legal effect of a document during iterative drafting or review. While the resulting text may read smoothly, its legal meaning can shift in subtle, high-risk ways through machine-introduced legal drift or semantic drift over time. Microsoft Research quantified this decay, finding that across 19 frontier models, iterative editing over 20 interactions corrupted 25% of the document content. This “25% Rule” serves as a critical warning for professionals to maintain rigorous oversight during the iterative editing process.

Because there is no “cure” for these errors, human verification remains essential. A robust verification engine must be used to confirm that cases exist, quotes are accurate, and holdings actually support the legal propositions cited.

CONCLUSION

Ultimately, successfully integrating AI into legal practice requires moving beyond the “truth delusion” and recognizing that these systems excel at pattern recognition, not human reasoning. Because AI is prone to silent failures—including hallucinations and document drift that can corrupt up to 25% of a document’s content—human oversight and verification remain an absolute ethical and legal necessity. By prioritizing workflow redesign and rigorous governance over the simple acquisition of tools, legal professionals can move past the hype to achieve genuine ROI, using AI to “shorten the runway” toward the high-level judgment and advocacy that only a human can provide


Open The Pod Bay Door HAL …. Tom O “Interviews” a Google Notebook LM Robot.

February 12, 2025

Now most of you who know me are aware that I am not on the AI bandwagon. But Google NotebookLM is a fascinating AI tool that caused me to say “wow” for the first time in years about a new technology. Why? Because it does something innovative that, although early in the development cycle, shows great promise in working with electronic documents.

Sure it summarizes and analyzes and allows you to make queries and make notes to those summaries. But it also generates an audio “discussion” about the material you summarize, with two AI “moderators” AND it allows you to interrupt the moderators and ask questions.

How are the answers you ask? Well as deep as the source material being summarized and surprisingly articulate.

So to that end, I pointed it to Ralph Losey’s latest blog post comparing ChatGPT to Gemini and DeepSeek. https://e-discoveryteam.com/2025/02/12/breaking-new-ground-evaluating-the-top-ai-reasoning-models-of-2025/ You can find the full audio recording of the summary below and a short recording of my interaction with the “moderators” (who Ralph calls the “Gemini Twins”)on the EDicovery Channel at https://youtu.be/WMTOCteLaX8 .

Audio Overview of Ralph Losey Blog Post

Drawbacks? Sure. Data size in the free version is small and data types do not include any documents that come from Redmond. I’m shocked. Once you’re in the Interactive Mode window you need to stay there … returning to the prior window will restart the recording. Name pronunciations are iffy. It mispronounced Ralph’s last name, promised to correct it when I pointed out the error then did so intermittently. And the Gemini Twins are a little too bubbly and effusive in their commentary for my taste.

Still, an exciting start to what promises to be a richly featured product.


UNDERSTANDING LARGE DATA SETS

January 28, 2025

Big data, the larger, more complex data sets from multiple, often non-traditional, sources, is prevalent in eDiscovery. It has overwhelmed the management ability of traditional data processing software and driven the development of advanced computer-based solutions such as TAR and AI.

Let’s look at exactly what big data is and how we can handle it in the eDiscovery process.

  1. DATA
  1. WHAT IS LARGE?  

What exactly is “big data”?  One company that should know is Oracle, which says:

“The definition of big data is data that contains greater variety, arriving in increasing volumes and with more velocity. This is also known as the three “Vs.”

(Source: https://www.oracle.com/big-data/what-is-big-data)

Resource center Domo offers this quick and easy calculation:

“The most basic way to tell if data is big data is through how many unique entries the data has. Usually, a big dataset will have at least a million rows. A dataset might have less rows than this and still be considered big, but most have far more.”

(Source: www.domo.com/learn/article/4-ways-to-tell-if-your-data-is-big-data )

The problem here is not just size. Many programs have limits on how much data they can display or analyze. Large datasets are difficult to upload because of their size but firms need to analyze the whole dataset at once. They can’t just look at portions of the data, so they need a tool that will allow them to inspect everything at once but not take so much time in doing that they are not practical to use. .

  • DATA EXPLOSION

The origins of large data sets go back to the 1960s and ‘70s with the establishment of the first data centers and the development of the relational database. By 2005, people began to realize just how much data users generated through Facebook, YouTube, and other online services. Hadoop, an open-source framework created specifically to store and analyze big data sets, was developed that same year.

The development of open-source frameworks was essential for the growth of big data because they make big data easier to work with and cheaper to store. In the years since then, the volume of big data has skyrocketed. With the advent of the Internet of Things (IoT), more objects and devices are connected to the internet, gathering data on customer usage patterns and product performance. The emergence of machine learning has produced still more data, and the COVID-19 pandemic brought a rapid increase in global data creation since 2020, as most of the world population had to work from home and used the internet for both work and entertainment.

Users, both human and machine, are generating huge amounts of data. So just how much data is there in the world today? Some estimates suggest that the total amount of data on the internet reached 175 zettabytes in 2022.[1] Some studies show that 90% percent of the world’s data was created in the last two years and that every two years, the volume of data across the world doubles in size.

Additionally, there is a substantial amount of replicated data. By the end of this year, 2024, the unique/replicated data ratio is projected to change from 1:9 to 1:10.

(Source:Statista.com)

The world’s data volume has increased dramatically in the past twenty years for several reasons. What led to this explosion in data? First, according to Moore’s Law, digital storage becomes larger, cheaper, and faster with each successive year. Second, with the the advent of cloud databases, previous hard limits on storage size became obsolete as Internet giants such as Google and Facebook used cloud infrastructures to collect massive amounts of data. Companies around the world soon adopted similar big data tactics. And finally, billions of new users gained internet access across the globe, pushing more and more data accumulation.

What does that look like in real terms? The graphic below is instructive:

  • NEW DATA TYPES

The emergence of newer types of data beyond the traditional word processing and spreadsheet platforms common for years in litigation matters is also a fact.

Some common types of emerging data include:

  • Mobile data.
  • Messaging data. 
  • Marketing
  • Medical data. 
  • IoT data. 
  • MORE USERS

Out of the nearly 8 billion people in the world, 5.35 billion of them, or around 66% of the world’s population, have access to the internet. By Q3 of 2023, it was estimated that almost 96 percent of the global digital population used a mobile device to connect to the internet. Global users spend almost 60 percent of their online time browsing the web from their mobile phones. The most popular app activities on mobile were chatting and communicating, as well as listening to music and online banking activities.

(Source: Statista)

  1. LITIGATION
  1. HISTORY

How does all this large data fit into the historical timeline of litigation? The first “large” document case I was directly involved with was a coordinated action in Sacramento Ca in 1986. I maintained an index (no images) of 5m pages loaded into the DOS version of Summation on a Compaq 386 with a 20 MHz Intel 80386 CPU, 1 MB RAM, 16 KB ROM, two 1.2 MB 5¼-inch floppy drives and a 40 MB hard disk drive. The PC cost $7,999 

By the mi-90’s, I was working for the Texas Attorney General in their tobacco litigation.  I ran a coding shop of 3 shifts of 35-50 coders per shift using a LAN with Gravity software. We eventually housed a database of 13 million pages, again no images.

The image below is of the Minnesota tobacco archives where the AG there collected 28,455 boxes stacked in rows up to 12 high, four wide, 70 deep, containing 93 million pages of paper. It was the largest single records collection in the history of tobacco litigation.

In 2011, I began working with an iCONECT database here in New Orleans for the Plaintiffs in the BP case. We had 1 billion pages of emails, word processing documents, spreadsheets, proprietary data applications, and instrumentation reports. The documents were in a private cloud which was accessed by more than 100 outside law firms and their experts representing more than 116,000 individual plaintiffs and at any given point in time, 300 reviewers from over 90 law firms representing various case teams as well as several state attorneys were accessing the database. 

Today there is a Relativity database in the Jan 6 insurrection cases with files for both the US Attorney data and over half of the 1200+ defendants, all of which exceeds 10TB. It contains predominantly emails, texts, video and audio files taken from seized cell phones which were then produced to the defense.

  • STRATEGIES

So, what strategies can we use to handle all this data?  And do any of the ones we used in 1986 still apply?

  1. The Z Factor

The most important is not technological at all. It is what Bruce Markowitz. The SVP at Evolver Legal Services, likes to call “the Z factor”.  We all know about the X factor, the great unknown, but the Z factor is one which is often unarticulated. (https://www.youtube.com/watch?v=k1AEFTdVzy0)

In a nutshell it’s the question I always ask my clients when we start a project. “What is you want to do?”  Bruce says, “what is the end result you need?”.  Take the answer to that question and build your workflow around it.

  • Map Your Data.

I’ve said it over and over, many times. Get with the IT staff and generate a data map. In the old days it was easy …you simply asked where the warehouse with the boxes was. Now you need knowledgeable IT staff to show you the way. You’re Lewis and Clark, they’re Sacajawea. You’re not going to get where you need to go without them.

Once you have a data map, you can decide:

  • What data might potentially be relevant;
  • Where that data is located;
  • Who is in charge of managing that data; and
  • How to make sure it is preserved.
  • Litigation Holds

This is not a one and done. You need a comprehensive hold that is managed by someone who crafts a comprehensive hold and follows up on it periodically.

  • Analytics

Not something we had in the paper days. The sooner you can use data analytics to quantify the key issues of potential litigation, the better. A good analytics assessment, even if just with a significant sampling of data, can be crucial in developing a case strategy.

  • Standardization

Again, not a factor in the early days of large data cases as we struggled to work with paper documents and early formats of electronic data which each required their own OS or specialty database.

Now a key feature of ESI processing is to put all the data in a common format for review.  Agreeing on this format can be problematic however so remember that Rule 26(b)(1) of the Federal Rules of Civil Procedure, requires the parties to conduct a pre-trial meeting to agree on a proposed discovery plan which should include this component.

Although including determining their approach to eDiscovery. To make a strong case for favorable proportionality, parties must understand their data, build strong collaboration across business units, and utilize eDiscovery software to enhance collaboration and streamline the process.

  • Data Exchange Protocol

Although not required by Rule 26(b)(1), it is encouraged by many observers including the Sedona Conference and the EDRM.  Having a specific agreement on data exchange makes standardization easier and more efficient.

III CONCLUSION

My current favorite tool, Nextpoint, takes a proactive approach to large data sets by using two of the tools I mention above, Mapping and Analytics, in a process they call Early Data Assessment. EDA allows legal teams to sift through a mountain of electronic data to find potential evidence, thus reducing the data size and providing valuable insights which allow informed decisions for a more productive document review.


[1] A zettabyte is equal to 1,000 exabytes, or 1 trillion gigabytes.

  1. Megabytes = 1 Gigabyte

1000 Gigabytes = 1 Terabyte.
1000 Terabytes = 1 Petabyte.
1000 Petabytes = 1 Exabyte.
1000 Exabytes = 1 Zettabyte.


Is AI The Fight Club of Legal Technology ?

May 15, 2024

Artificial Intelligence has become the biggest buzz word in legal technology since, well the last biggest buzzword.  ECA, TAR, Blockchain, Analytics, Big Data, Collaboration, Disruption, Innovation.

Every 6 months we have a new “big thing” and right now it’s AI.

Articles are constantly harping on the rise of the machines that AI portends. Gartner includes AI on their list of the top 10 strategic technology trends of 2019 and even estimates that 80% of emerging technologies will be built on a foundation of artificial intelligence by 2021. In a Law Technology Today article, Andrew Ng, Co-Founder of Coursera and Adjunct Professor of Computer Science at Stanford University, says AI is the new electricity. “Just as electricity transformed almost everything 100 years ago,” he explains, “today I actually have a hard time thinking of an industry that I don’t think AI will transform in the next several years.”

https://www.lawtechnologytoday.org/2019/04/artificial-intelligence-will-change-e-discovery-in-the-next-three-years

And in that same article, Ajith Samuel technologist and co-founder of eDiscovery company Exterro, says that:

  1. Using AI will become “frictionless,” meaning that it will be ever more seamlessly integrated into the e-discovery process.
  2. AI will move out of the review phase, earlier in the EDRM, helping legal teams get to the facts of the matter faster, cheaper, and smarter than ever before.

And let’s not forget the 2015 survey by Altman Weil of 320 firms with at least 50 lawyers on staff which found that 35 percent of the leaders at those firms (responding anonymously) believed some form of AI would replace first-year associates in the coming decade. 20 percent of those same respondents said second- and third-year attorneys could also be replaced by technology over the same period and half said that paralegals could be killed off by computers. (See graphic below)

But if we are to believe the latest ILTA survey, that simply isn’t happening. The annual survey of the International Legal Technology Association was released on Nov 5 2020 and reported answers from 537 firms, representing more than 116,000 attorneys and 240,000 total users.

With regards to IA, it finds that just over 50% of respondents are not “…presently pursuing any IA option” and only 25% are actively researching an AI option. Respondents with active pilot projects or study groups were 7% and 4% respectively with only 10% reporting an active AI tool deployment.  See graphic below

https://www.iltanet.org/resources/publications/surveys/2019ts?ssopc=1

So what is going on here? We hear lots of talk about AI but not much actual usage. Part of the problem is, I believe, definitional and actual definitions of AI are in short supply.

One recent article broke out AI into 6 categories

  • Due diligence – Litigators perform due diligence with the help of AI tools to uncover background information. We’ve decided to include contract review, legal research and electronic discovery in this section.
  • Prediction technology – An AI software generates results that forecast litigation outcome.
  • Legal analytics – Lawyers can use data points from past case law, win/loss rates and a judge’s history to be used for trends and patterns.
  • Document automation – Law firms use software templates to create filled out documents based on data input.
  • Intellectual property – AI tools guide lawyers in analyzing large IP portfolios and drawing insights from the content.
  • Electronic billing – Lawyers’ billable hours are computed automatically.

And an actual standard (or standards) for AI has been slow to develop with the first just recently published by the Organization for Economic Co-operation and Development (OECD) which adopted and published its “Principles on AI”   on the Law and AI blog.  http://www.lawandai.com/ 

But in all that discussion, where are the AI use propositions for eDiscovery? Well the problem there is that eDiscovery vendors are traditionally close mouthed about their systems. And since a primary feature of AI as mentioned by Ajith Samuel above is its “frictionless” adoption, then AI implementation is hidden by both design and practice. Legal technology has become more Fight Club than computer lab and AI has become the worst example of that proposition.

I’ve written before that all this emphasis on new technology reminds me of my old friend, the late Browning Marean. He was a great fan of the writings of Ray Kurzweil, the technologist and futurist who wrote The Age of The Intelligent Machine. Browning’s favorite Kurzweil was The Singularity Is Near: When Humans Transcend Biology, which posited that technological advances would irreversibly transform people as they augment their minds and bodies with genetic alterations, nanotechnology, and artificial intelligence.

I however am more mindful of another tenet of the Singularity, that exponential increase in technologies will lead to a point where progress is so rapid it outstrips humans’ ability to comprehend it. To me we are losing sight of the proposition that people are slow and computers fast but people are smart and computers are dumb.

And in fact, some of today’s greatest minds in technology fell the same way Stephen Hawking has stated, in an op-ed which appeared in The Independent in 2014, “Success in creating AI would be the biggest event in human history. Unfortunately, it might also be the last, unless we learn how to avoid the risks..” His fear? As posted in a separate interview  with BBC, it was simply stated: “humans, limited by slow biological evolution, couldn’t compete and would be superseded by A.I.”

Hawking recently joined Elon Musk, Steve Wozniak, and hundreds of others in issuing a letter unveiled at the International Joint Conference Buenos Aires, Argentina warning that artificial intelligence can potentially be more dangerous than nuclear weapons. Even Bill Gates has expressed concerns and during a Q&A session on Reddit in January 2015, said “I am in the camp that is concerned about super intelligence. First, the machines will do a lot of jobs for us and not be super intelligent. That should be positive if we manage it well. A few decades after that though the intelligence is strong enough to be a concern. I agree with Elon Musk and some others on this and don’t understand why some people are not more concerned.”

Sound far-fetched? Well then, consider it from our perspective as attorneys. What is the ethical dilemma of bestowing legal responsibilities on robots? Does not all this talk of AI undermine our ethical duties to manage our client’s matters if we don’t really understand how these programs work?

As far back as 2013, Peter Geraghty (Director of the ETHICSearch, ABA Center for Professional Responsibility) and Susan J. Michmerhuizen (ETHICSearch Research Counsel) wrote an article for Your ABA Enews called Duty to Supervise Nonlawyers: Ignorance is Not Bliss. Although the article focused on issues with paralegals and support staff, I would suggest that computers also qualify as non- lawyers and the concerns mentioned in the article should apply to them and the technical experts who use them as well

This issue arises constantly when vendors run computer searches of documents and then produce directly to opposing counsel. The non-supervised release of privileged material can be an enormous problem for a firm, so much so that Geraghty and Michmerhuizen noted an excerpt from Comment [3] to Rule 5.3 which states:

… Nonlawyers Outside the Firm

[3]A lawyer may use nonlawyers outside the firm to assist the lawyer in rendering legal services to the client. Examples include the retention of an investigative or paraprofessional service, hiring a document management company to create and maintain a database for complex litigation, sending client documents to a third party for printing or scanning, and using an Internet-based service to store client information. When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer’s professional obligations.

Keep this in mind when retaining a technical expert or using software to search and produce. Do you really understand what is going on? How much work being done by computers are you actively supervising in a knowledgeable manner? In these days of a duty of technical competence, attorneys cannot simply delegate to others, even their clients, the responsibility of understanding technology. I would suggest that blindly relying on AI or other computer intelligence to make decisions does not rise to that necessary level of understanding.

Always remember that technology is a tool and humans use tools not vice versa. The ultimate decision-making about what tool to use and how to use it resides with you, the attorney. As I have said before, we need to keep the attorney in AI.                                                                                                        

It’s not enough to be aware of AI, we have to understand AI. Or, as the great technologist Elvis Aaron Presley once said, “A little less conversation, a little more action please.”


ELECTRONIC DISCOVERY IN CRIMINAL CASES

July 15, 2022

ORIGINAL STANDARD

Discussions about electronic discovery have traditionally focused on civil matters because civil cases have historically been more document intensive and thus that discovery process has been more richly nuanced. In addition, when criminal matters do have relevant documents, the discovery standard has been the so-called Brady rule, named after the landmark Supreme Court ruling Brady v. Maryland (373 U.S. 83 (1963) which held that prosecutors are only required to share evidence deemed exculpatory of the defendant.

In 2012, eDiscovery expert Craig Ball wrote in a column called Thoughtful Guidelines for E-Discovery in Criminal Cases “… apart from meeting Brady obligations, I think most lawyers regard criminal law as an area where there is no discovery, let alone this new-fangled e-discovery.More recently, a 2019 article in the New York Times mentioned that defense lawyers often called the Brady approach the “blindfold” law because it kept them in the dark and forced them into plea bargains without any knowledge of precisely what documents the prosecutors had in their possession. 

But that standard is changing.

CHANGING STANDARD

In 2005, Judge Marcia Pechman of the Western District of Washington had just concluded a white-collar criminal case brought by the government against Kevin Lawrence and his company, Znetix.  That case had nearly 1.5 million scanned electronic documents, at the time an extremely high document volume which caused both logistical and budgetary problems for the Court. 

Judge Pechman decided to convene a group of attorneys from the U. S. Defenders Office and the US Attorney in Seattle to discuss more efficient and cost-effective ways to deal with electronic documents in large cases.  This group included Russ Aoki, then a Criminal Justice Act (CJA) Panel attorney and now Coordinating Defense Attorney in complex matters for the Defenders, who had represented Mr. Lawrence.

I was privileged to be the only non-case attorney in the group, which went on to create a set of best practices policies for large document cases and wiretap surveillance evidence. Those policies were in effect in the Seattle federal court as a local rule for many years before other similar groups began meeting around the country. The eventual result of those meetings was a protocol released in 2012 by a Joint Technology Working Group of federal criminal practitioners created by the Director of the Administrative Office of the United States Courts (the supervising agency of the U.S. Defenders Office) and the U.S. Attorney General.

Then last year came the culmination of several years of meetings and discussions on this subject in which Atty Aoki was actively involved: an actual rule change.

Effective Dec 1, 2019, Federal Rule of Evidence 16.1 Pretrial Discovery Conference; Request for Court Action was changed to read:

(a) Discovery Conference. No later than 14 days after the arraignment, the attorney for the government and the defendant’s attorney must confer and try to agree on a timetable and procedures for pretrial disclosure under Rule 16.

(b) Request for Court Action. After the discovery conference, one or both parties may ask the court to determine or modify the time, place, manner, or other aspects of disclosure to facilitate preparation for trial.

Additionally, the note to the new rule references the 2012 Joint ESI Protocol, the first time that protocol has been referenced in a rule.  At roughly the same time, the Western District of Washington local criminal rules were amended to also reference the Joint Protocol and specifically use the Meet & Confer task checklist from that protocol. This was the first time either the ESI Protocol is referenced and the checklist used in a local rule. As Attorney Aoki told me, “We know because we looked at every local rule in all 94 jurisdictions.”

At the same time, many states are beginning to undertake similar changes to criminal discovery rules. Foremost in that movement has been New York which passed changes which went into effect this month requiring all prosecutorial material to be shared early in the case. For more on the New York changes see this article.

DRIVERS OF CHANGE

What is driving these changes? More than 90 percent of documents created today are generated in electronic format, so data size is exploding. At the same time, the diversity of data types continues to increase as 88 percent of the US population uses the Internet every day and 91 percent of adults use social media regularly.

Social media, mobile device content and cloud storage content are all now routinely part of the definition of relevant ESI.  See Social Media Evidence in Criminal Proceedings: An Uncertain Frontier from Georgetown Law here as well as a recent article in California Lawyer by Atty. Robert Hill, an associate at Eisner Gorin LLP, a boutique criminal defense firm in Los Angeles.

And even more exotic types of ESI loom in the future of litigation.  In a November 2019 article in Law.com, Judge Andrew Peck (Ret.), of counsel at DLA Piper, noted that  “There are already news reports of Fitbits and pacemakers being looked at in criminal cases to show that the digital data contradicts the defendant’s story of what happened.”  The same article mentions a conversation with Andrew Hessel, president of Humane Genomics, a seed stage company that makes cancer-fighting viruses, in which he discusses data definition of genomic material and the fact that viruses can now be defined so precisely as to allow printing of their data “maps”.

EXCEPTION TO NEW STANDARD

I should note, however, the exception that courts have carved out for material on cell phones. In Riley v. California, 134 S. Ct. 2473 (2014), the US Supreme Court unanimously ruled that police may not search the cell phones of criminal suspects upon arrest without a warrant. In Carpenter v U.S, No. 16-402, 585 U.S. (2018), the court held in a 5-4 decision that accessing historical records containing the physical locations of cellphones without a search warrant violates the Fourth Amendment to the United States Constitution.

Both opinions were authored by Chief Justice Roberts, and both hold that that smartphones and other electronic devices are not in the same category as wallets, briefcases, and vehicles which are subject to a limited initial examination upon arrest. Rather, said Chief Justice Roberts in the Riley opinion, cell phones are “now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.” 

He went on to note that cellphones “are based on technology nearly inconceivable just a few decades ago” when the Court had upheld the search of an arrestee’s pack of cigarettes. Today, he wrote, citizens today have a reasonable expectation of privacy for information on their cell phones noting “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant.”

Another exception to these developing standards is seizures at the US border.  Entry into the US has long been a separate category as many observers argue the US Constitution cannot apply to non-citizens who are still outside the US.  That discussion is beyond the scope of this article but a good starting point is a blog post I did on the subject for CloudNine.  

CONCLUSION

In addition to pointing out the clear differences between civil and criminal discovery standards, the secondary point of this article is to note that while criminal defense attorneys have a duty to preserve and produce electronically stored information (ESI) just as their civil counterparts do, that most state and federal criminal discovery is statutory, or rule-based.  But constitutional concepts apply in both arenas in order to ensure a fair trial and due process, including the right against self-incrimination and against unreasonable searches and seizures.

For a very good overview of all the issues involved in criminal eDiscovery practice can be found in Criminal Ediscovery: A Pocket Guide for Judges, a 2015 publication of the  Federal Judicial Center. It focuses on a number of issues and in greater detail than we can cover in this post and is an excellent resource. It is authored by Sean Broderick, National Litigation Support Administrator, Administrative Office of the U.S. Courts, Defender Services Office; Donna Lee Elm, Federal Defender Middle District of Florida; Andrew Goldsmith, Associate Deputy Attorney General & National Criminal Discovery Coordinator U.S. Department of Justice; John Haried, Co-Chair, eDiscovery Working Group — EOUSA U.S. Department of Justice and Kirian Raj, Senior Counsel to the Deputy Attorney General U.S. Department of Justice. I highly recommend it.


CAN WE KEEP THE ATTORNEY IN AI OR IS ALL THE HYPE JUST FIGHT CLUB 2?

July 7, 2022

Great post this week by Doug Austin on his eDiscovery Today blog. Called Setting Realistic Expectations About AI in eDiscovery: eDiscovery Best Practices, it covered a new article in ILTA’s Peer to Peer Magazine entitle The Humans Stay in the Picture: 4 Realities of AI in Modern eDiscovery. The author of that article, Dr. Gina Taranto of ProSearch, made four keys points about AI but one in particlualr caught my eye.

Her third bullet poitn was called “Humans Stay In the Picture” and basically said that no matter how sophisticated the technology, you still need planning, training, QC and analysis and that “Humans are required for all of that.”

That brought to my mind an article I wrote in 2020 called “IS AI THE FIGHT CLUB OF LEGAL TECHNOLOGY?” I’ve reposted it below and even though some of the surveys and stats are out of date, the emphasis is still the same as what Dr. Taranto wrote. … let’s keep the attorney in AI.


Artificial Intelligence has become the biggest buzz word in legal technology since, well the last biggest buzzword. ECA, TAR, Blockchain, Analytics, Big Data, Collaboration, Disruption, Innovation.

Every 6 months we have a new “big thing” and right now it’s AI. Articles are constantly harping on the rise of the machines that AI portends. Gartner includes AI on their list of the top 10 strategic
technology trends of 2019 and even estimates that 80% of emerging technologies will be built on a foundation of artificial intelligence by

In a Law Technology Today article , Andrew Ng, Co-Founder of Coursera and Adjunct Professor of Computer Science at Stanford University, says AI is the new electricity. “Just as electricity transformed
almost everything 100 years ago,” he explains, “today I actually have a hard time thinking of an industry that I don’t think AI will transform in the next several years.”

And in that same article, Ajith Samuel technologist and co-founder of eDiscovery company Exterro, says that using AI will become “frictionless,” meaning that it will be ever more seamlessly integrated into the e-discovery process. He feels that AI will move out of the review phase, earlier in the EDRM, helping legal teams get to the facts of the matter faster, cheaper, and smarter than ever before. Ultimately AI will play an increasing role in orchestrating the e-discovery process, streamlining the process and improving efficiency.

And let’s not forget the 2015 survey by Altman Weil of 320 firms with at least 50 lawyers on staff which found that 35 percent of the leaders at those firms (responding anonymously) believed some form of AI would replace first-year associates in the coming decade. 20 percent of those same respondents said second- and third-year attorneys could also be replaced by technology over the same period and half said that paralegals could be killed off by computers. (See graphic below)

But if we are to believe the latest ILTA survey, that simply isn’t happening. The annual survey of the International Legal Technology Association was released on Nov 5, 2020, and reported answers from 537
firms, representing more than 116,000 attorneys and 240,000 total users. With regards to IA, it finds that just over 50% of respondents are not “…presently pursuing any IA option” and only 25% are actively
researching an AI option. Respondents with active pilot projects or study groups were 7% and 4% respectively with only 10% reporting an active AI tool deployment. (See graphic here )


So, what is going on here? We hear lots of talk about AI but not much actual usage. Part of the problem is, I believe, definitional and actual definitions of AI are in short supply.

One recent article broke out AI into 6 categories
 Due diligence – Litigators perform due diligence with the help of AI tools to uncover background information. We’ve decided to include contract review, legal research and electronic discovery in this section.
 Prediction technology – An AI software generates results that forecast litigation outcome.
 Legal analytics – Lawyers can use data points from past case law, win/loss rates and a judge’s history to be used for trends and patterns.
 Document automation – Law firms use software templates to create filled out documents based on data input.
 Intellectual property – AI tools guide lawyers in analyzing large IP portfolios and drawing insights from the content.
 Electronic billing – Lawyers’ billable hours are computed automatically. (See )

And an actual standard (or standards) for AI has been slow to develop with the first just recently published by the Organization for Economic Co-operation and Development (OECD) which adopted
and published its “Principles on AI” on the Law and AI blog.

But in all that discussion, where are the AI use propositions for eDiscovery? Well, the problem there is that eDiscovery vendors are traditionally close mouthed about their systems. And since a primary
feature of AI as mentioned by Ajith Samuel above is its “frictionless” adoption, then AI implementation is hidden by both design and practice.


Legal technology has become more Fight Club than computer lab and AI has become the worst example of that proposition.

I’ve written before that all this emphasis on new technology reminds me of my old friend, the late Browning Marean. He was a great fan of the writings of Ray Kurzweil, the technologist and futurist who wrote The Age of The Intelligent Machine. Browning’s favorite Kurzweil was “The Singularity Is Near: When Humans Transcend Biology”, which posited that technological advances would irreversibly transform people as they augment their minds and bodies with genetic alterations, nanotechnology, and artificial intelligence.


I however am more mindful of another tenet of the Singularity, that exponential increase in technologies will lead to a point where progress is so rapid it outstrips humans’ ability to comprehend it. To me we are
losing sight of the proposition that people are slow and computers fast, but people are smart and computers are dumb.

And in fact, some of today’s greatest minds in technology fell the same way Stephen Hawking has stated, in an op-ed which appeared in The Independent in 2014, “Success in creating AI would be the biggest
event in human history. Unfortunately, it might also be the last, unless we learn how to avoid the risks.” His fear? As posted in a separate interview with BBC, it was simply stated: “humans, limited by slow
biological evolution, couldn’t compete and would be superseded by A.I.”

Hawking recently joined Elon Musk, Steve Wozniak, and hundreds of others in issuing a letter unveiled at the International Joint Conference Buenos Aires, Argentina warning that artificial intelligence can
potentially be more dangerous than nuclear weapons. Even Bill Gates has expressed concerns and during a Q&A session on Reddit in January 2015, said “I am in the camp that is concerned about super intelligence. First, the machines will do a lot of jobs for us and not be super intelligent. That should be positive if we manage it well. A few decades after that though the intelligence is strong enough to be a concern. I agree with Elon Musk and some others on this and don’t understand why some people are not more concerned.”

Sound far-fetched? Well then, consider it from our perspective as attorneys. What is the ethical dilemma of bestowing legal responsibilities on robots? Does not all this talk of AI undermine our ethical duties to manage our client’s matters if we don’t really understand how these programs work?

As far back as 2013, Peter Geraghty (Director of the ETHICSearch, ABA Center for Professional Responsibility) and Susan J. Michmerhuizen (ETHICSearch Research Counsel) wrote an article for Your ABA Enews called “Duty to Supervise Nonlawyers: Ignorance is Not Bliss”. Although the article focused on issues with paralegals and support staff, I would suggest that computers also qualify as non-lawyers and the concerns mentioned in the article should apply to them and the technical experts who use them as well.

This issue arises constantly when vendors run computer searches of documents and then produce directly to opposing counsel. The non-supervised release of privileged material can be an enormous problem
for a firm, so much so that Geraghty and Michmerhuizen noted an excerpt from Comment [3] to Rule 5.3 which states:


… Nonlawyers Outside the Firm
[3]A lawyer may use nonlawyers outside the firm to assist the lawyer in
rendering legal services to the client. Examples include the retention of
an investigative or paraprofessional service, hiring a document
management company to create and maintain a database for complex
litigation, sending client documents to a third party for printing or
scanning, and using an Internet-based service to store client
information. When using such services outside the firm, a lawyer must
make reasonable efforts to ensure that the services are provided in a
manner that is compatible with the lawyer’s professional obligations.

Keep this in mind when retaining a technical expert or using software to search and produce. Do you really understand what is going on? How much work being done by computers are you actively supervising in a knowledgeable manner? In these days of a duty of technical competence, attorneys cannot simply delegate to others, even their clients, the responsibility of understanding technology. I would suggest that blindly relying on AI or other computer intelligence to make decisions does not rise to that necessary level of understanding.

Always remember that technology is a tool and humans use tools not vice versa. The ultimate decision-making about what tool to use and how to use it resides with you, the attorney. As I have said before, we
need to keep the attorney in AI.


It’s not enough to be aware of AI, we have to understand AI. As that great technologist Elvis Aaron Presley once said, “A little less conversation, a little more action please.”


New Relativity One UI Makes It Extremely Easy for Users to Get to Work Right Away.

June 22, 2020

RelOne AERO

Relativity held their annual Relativity Fest London event virtually in May this year and the keynote speaker, Relativity chief product officer Chris Brown, spoke about both their recently announced pay as you go pricing model and the new, currently under soft release, UI for RelOne called Aero.

RelOne has been around for four years and while changes to the interface have been going on for about 3 years, the Advanced Access Group came into play in early to mid-April and began working with this completely new UI. The group consists of 2 channel partners, two corporations, and two law firms, all of which have been instrumental in guiding the development of the UI with their enhanced feedback.

Relativity has been saying that Aero is more than just a fresh coat of paint and current users are being quoted as saying the new “ease of use and simplicity” is “… already having an impact.”

All this discussion of course piqued my interest, so I cast around, watched several of their webcasts and was finally able to arrange a personalized demo firsthand. Aero won’t be officially released until September, but it is commercially available now through providers in the Aero Advance Access program. Here’s what it looks like.

Overall, the 3 main goals of Aero set out by Relativity are:

Intuitive Workflow

Designed to get you to what you need faster, RelativityOne delivers an intuitive and streamlined platform, reducing unnecessary clicks and decisions so you have exactly what you need to accomplish your work.

Light-Speed Performance

Aero delivers what you need fast. Whether you’re flying doc-to-doc, running batch operations, or moving across the platform, everything is available when and where you need it.  Documents with large page counts load much faster now rendering on a page by page basis rather than waiting for the entire doc to render.

Easy Navigation

With logical workflows, step-by-step navigation, and simplified processes you can move through the platform without thinking about where you go next.  The modernized aesthetics have removed ~70k clicks and has minimized cursor travel to increase efficiency.

My specific impressions of the feature set are:

  1. First major change that you will see is that the tabs on the top now become categories on the left
  2. There are no default categories yet but there eventually be some based on a user profile or case defaults
  3. Document previews show in a viewer window which is a view only mode, but you can click on the DocID to bring up the full document and perform coding
  4. The full doc viewer has the complete doc listing on the left and you can jump to any document
  5. You can also pop up document history or image thumbnails as you scroll
  6. The dashboard is collapsible
  7. Ability to save searches as well as the long overdue ability for searching over mass searches feature and a mass copy/move/delete feature
  8. Filtering is available by person or by date
  9. Search enhancements include:
    • Searching for emojis or emoticons
    • Persistent highlights
    • Search for ASCII symbols
    • Highlight one term and focus search
    • Find conceptually similar in a paragraph
    • Display zero hits
  10. Direct loading of documents
    • Can drag and drop up to 100 “loose documents”
    • With large files, can look at pages that have loaded while the remainder of the loading continues.  Large docs are now in essence rendered on a page by page basis
  11. Adjust extracted text size in a manner that is similar to resizing columns in Excel
  12. Hardware agnostic
  13. Browser agnostic
  14. May have some version requirements especially with regards to the working version of Windows
  15. Field creation can occur on the fly
  16. Automatic workflows including:
    • Automated DT search updating as data is loaded
    • Analytics
    • Privilege lists
    • These will require setting a rule simultaneous to loading
  17. Predictive coding
  18. Azure
    • Hosting
    • Invariant processing

A general release was originally planned for September although it remains to be seen if the COVID-19 pandemic has any effect on that. As the graphic below shows, however, Aero is available now. Pricing is a currently said to be a flat subscription fee plus a user charge or pay as you go based on usage.

If you’d like to chat more about Aero or arrange for a demo the way I did, just contact me at toconnor@gulfltc.com.  


O365 eDiscovery Search Part 2 with Rachi Messing and Tom O’Connor

May 29, 2019

In our previous installment on Content Search we discussed basic searching and how to work with the results. This session covers some of the deeper filtering functionality that can be performed in a Review Set along with advanced search techniques and basic ECA functionality with those techniques. In addition, Rachi mentions an exciting development regarding the new O365 ability to download data directly from Facebook. in the main workloads.