The holiday season is taking center stage, and everyone is busy making it the most joyous and memorable, and ‘legals’ are no exception. I am writing the last piece of the year and looking forward to some eDiscovery trends in 2025.
Before I discuss the trends, let me share a surprising stat with you. While reading Ella Sherman’s summary of the 17th annual Law Department Operation Survey, I found that 62 percent of in-house legal professionals either mostly disagreed or strongly disagreed that their law firms are innovative.
Their obvious expectation from the firms is Gen AI. 78 percent of survey respondents are encouraging their law firms to adopt Gen-AI (in the hope of cutting down costs).
On the other hand, we hear from law firms that their clients are reluctant to adopt new technologies or are technophobic. They are extra cautious about the data’s sensitivity and confidentiality.
So what’s your take on it? Are they really into the adoption race?
Nope. I believe everyone is playing at their own pace and capacity and has already achieved a few milestones in 2024, with many more to come.
I picked up “eDiscovery” among many other workflows impacting the legal diaspora because eDiscovery is considered one of the most complex, invaluable, and ever-challenging workflows.
Technology has a wider canvas for innovation, making eDiscovery simpler, more cost-effective, and more impactful.
eDiscovery Trends: Top 3 Picks to Monitor in 2025
As we move toward 2025, the field of eDiscovery is poised for significant transformation. Rapid technological advancements and the growing demands of legal professionals will reshape the landscape.
The surge in digital data requires organizations to refine their eDiscovery strategies to ensure regulatory compliance and enhance operational efficiency.
Three critical trends are emerging as pivotal influences in this landscape. There is the integration of artificial intelligence for advanced data analytics, the increasing need for comprehensive data privacy measures, and the shift towards flexible on-premise solutions.
I believe adopting these trends is not merely advisable; it is essential for legal practitioners to utilize the latest tools and methodologies. By proactively embracing these changes, firms will not only gain a competitive advantage but also navigate the complexities of eDiscovery with confidence and effectiveness.
GenerativeAI – The obvious future!
2024 could be considered a year for early adopters, but in 2025, it will become a household term for legal professionals.
67 percent of eDiscovery professionals surveyed in the Fall 2024 eDiscovery Business Confidence Survey have either already deployed Gen-AI or are conducting a pilot run.
According to the survey, organizations no longer question whether AI belongs in eDiscovery but how best to implement it effectively. In-house legal expectations from this transformative tech are simply efficiency and cost reduction.
eDiscovery teams (at law firms, ALSPs, and eDiscovery service providers) should assess the Gen-AI capabilities of their existing vendor. If the current solutions are not promising, they must start exploring AI-enabled eDiscovery solutions.
Document Review – The Jewel in the Crown!
Despite having a tremendous potential for AI innovation in this document review phase in eDiscovery, it will be a key cost contributor in 2025 and one of the most time-consuming and humanized compared to other stages of eDiscovery.
Considering the rapidly growing volume of data, the eDiscovery team will consider AI as a first-level reviewer.
AI has already made its way into the privilege side of the review. The two most common use cases for automating review are Responsive vs. Nonresponsive and Privileged vs. Non-privileged.
eDiscovery Costs – At the Core of Vendor Selection
A vast suite of features, integrated AI assistants, and top-notch service guarantees are struggling to win the contract.
Cost is the ultimate motivation for eDiscovery technology buyers (be it a law firm, corporate legal, or service provider).
I have studied countless hyperactive discussions on Reddit about tech vendors’ decisions to discontinue on-premise offerings or retire support/updates for old customers.
Enterprise companies managing numerous active matters, each containing several terabytes of data, are excitedly exploring eDiscovery solutions that offer the flexibility of on-premise hosting without restrictions on user numbers or data volume. They are eager for innovative partnerships!
In addition to the costs, law firms, and in-house legal teams are also concerned about the privacy and security of the data. One cannot overlook data residency obligations under privacy regulations, i.e., GDPR.
Wrapping up:
eDiscovery is an exciting field that continually adapts to our evolving needs, particularly as we see new eDiscovery trends emerge each year! Embracing innovative technologies hinges on delivering accurate results, transparent methodologies, and manageable upgrade costs. Here’s to a fantastic year ahead filled with growth and new possibilities!
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