Those who know me are aware that I keep a close eye on the global industry of eDiscovery through my international contacts. It is crucial to see what is happening elsewhere, partly to keep up to date with important happenings and also because most things filter through to, or affect, SA eventually.
One matter which caught my eye is yet another case involving fake ChatGPT citations. This time it was in Colorado and the lawyer concerned was suspended for a year for citing case law in a motion which he found through ChatGPT. He failed to inform the Court of the existence of the false cases after he filed his motion and also did not withdraw the motion. Originally, he placed the blame on the shoulders of his intern but in a subsequent affidavit he explained that he had used the platform when he drafted the motion. His actions violated the Colorado Bar Associations Rule of Conduct and, in fact he was to serve 90 days of the year long suspension and the rest would be “waived “if he successfully completed 2 years’ probation.
You have to wonder how many more cases we will see before lawyers get the message and one can only assume that sanctions will be harsher until they do.
Meanwhile, generative AI continues to dominate news and I am looking forward with great excitement to seeing how RelativityOne deploys it in their new feature aiR for Review in 2024.
This leads me to looking at the annual stats showing the size and anticipated size of the global eDiscovery market. Right now, it is worth a staggering $15.09bn and forecast to grow to $22.65bn by 2028. Obviously, the vast majority emanates from the USA but there is significant growth right across the world. You may ask how much does SA contribute to that and of course I do not know as it would involve all of the providers disclosing their eDiscovery revenue. My best guess is that it is somewhere between $3 and $5 million but I may be way out. What is certain is that it has grown hugely in the last 5 years and is only going one way. It makes me proud!
As we come to the end of another year, it is a year wasted as far as not having eDiscovery incorporated into our Uniform Rules. Will it happen next year? I have no idea and can only continue to push, lobby and hope. Rules or not, I have tremendous belief and excitement that 2024 will be a landmark year in SA as far as eDiscovery is concerned. We have an industry now, as can be seen from the recruitment posts. People have options as to job movement and/or job creation. We are seeing consolidations as far as providers are concerned. We have some fantastic people working within the industry right here in SA. Trust me, there will be more advancement next year and new service provider arrivals. The knowledge and awareness of corporates about eDiscovery is significantly improving and they will help to drive change by demanding lower costs which will turn to technology. Of course I am excited. I lived through all of this in the UK some 20 years ago and am seeing it again now. Not many people have the opportunity of seeing their passion develop in 2 different countries and continents.
Thanks to all for continuing to read my stuff. Have a wonderful family festive season and join me for an interesting ride in 2024 on eDiscovery in South Africa.