In a significant move toward standardising 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 17th to mark the occasion will also take place in London (see below).
The group says it 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 to be potentially incorporated into English law. They also noted that for now generative AI is not part of this project, but may 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 MacGregor, Chair of ILTA’s Litigation SIG and founder of Ethical eDiscovery, commented: ‘Every time we started a new case, we found ourselves having the same discussions about how to implement Active Learning. It was clear we needed a standardized approach that both sides could rely on.’
‘This isn’t just another set of guidelines. It’s a practical framework that could significantly reduce the cost and time associated with disclosure while maintaining high standards of legal practice,’ he added.
The project, co-chaired by MacGregor and David Wilkins of Norton Rose Fulbright, brought together heads of eDiscovery from over 20 leading law firms including A&O Shearman, Baker McKenzie, and Herbert Smith Freehills. Notably, the guide has benefited from input from Professor Maura Grossman, a leading authority on technology-assisted review, and retired Civil Judge Victoria McCloud.
The list of the project contributors and the final guide can be accessed and downloaded here.
Launch Event
To mark this milestone, Norton Rose Fulbright is hosting a launch event on December 17th, 2024, featuring a panel discussion with key contributors to the guide. The event will provide insights into:
- The industry challenges that prompted the creation 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, will feature 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, concluding with a networking reception. Space is limited to two attendees per organisation.
To register for this event, please email laura@iltanet.org with the subject line ‘Active Learning Guide Launch’ by December 10th, 2024.