New industry standard for eDisclosure launched in London – Artificial Lawyer

In an important step toward standardizing AI adoption in eDiscovery and eDisclosure, ILTA’s Litigation Special Interest Group has released “A Best Practice Guide for the use of Active Learning.” A special event on December 17e to mark this occasion it will also take place in London (see below).

The group says this is “the first comprehensive framework for implementing machine learning in legal disclosure.” The guide has been submitted to the Master of the Rolls, Sir Geoffrey Voss, for consideration as a consensus document with potential for incorporation into English law. They also noted that generative AI is not part of this project for now, but could be added in the future.

The group explained that while Practice Direction 57AD encourages the use of technology in disclosure, the lack of specific guidance has ‘led to inefficiencies and unnecessary negotiations between parties’. This new guide, developed through collaboration between major law firms and technology experts, aims to solve this problem, they said.

James MacGregorchair of ILTA’s Litigation SIG and founder of Ethical eDiscovery, noted, “Every time we started a new case, we found ourselves having the same discussions about how to implement Active Learning. It was clear that we needed a standardized approach that both parties could rely on.’

‘This is not just a set of guidelines. It is a practical framework that could significantly reduce the costs and time associated with disclosure while maintaining high standards of legal practice,” he added.

The project, co-chaired by MacGregor and David Wilkins from Norton Rose Fulbright, brought together the heads of eDiscovery from more than 20 leading law firms, including A&O Shearman, Baker McKenzie and Herbert Smith Freehills. The guide has particularly benefited from Professor’s input Maura Grossmana leading authority on technology-enabled assessment, and retired civil judge Victoria McCloud.

The list of the project contributors and the definitive guide is accessible and downloaded here.

Launch event

To mark this milestone, Norton Rose Fulbright will host a launch event on December 17, 2024, featuring a panel discussion with key contributors to the guide. The event provides insight into:

• The challenges in the sector that led to the preparation of this consensus document
• Key elements of the guide and the reasoning behind critical editorial decisions
• Future plans for implementation and adoption
• Potential impact on disclosure practices in England and Wales

The panel, chaired by James MacGregor, includes David Wilkins (Norton Rose Fulbright), Fiona Campbell (Fieldfisher) and Andrew Haslam (Squire Patton Boggs),

The event will be held at Norton Rose Fulbright’s London office (3 More London Riverside) from 5:30 PM to 8:00 PM and will conclude with a networking reception. There is room for a maximum of two participants per organization.

To register for this event, please email [email protected] with the subject “Active Learning Guide Launch” by December 10, 2024.