Those of us in the global eDiscovery industry seem to talk every year about the fact that, generally, lawyers are still not getting to grips with the use and value of technology and how to speak authoritatively with their clients about it. Here in SA this position is exactly the same and I hear of instances where lawyers insist on dealing with aspects of discovery or production in their traditional way rather than the correct way in terms of eDiscovery.
Then there is AI. Everyone is talking about it every day. I smile sometimes because eDiscovery technology has been using AI long before the acronym existed! So many law firms are using AI for a variety of matters, contentious and non-contentious. Does this mean, therefore, that lawyers are more “tecchie”? Afraid not, because simply having AI employed in a matter is only part of the story. It needs to be understood because, if not, how can you verify what it has done? How can you tell it what you want it do? There is a question, therefore, is AI solving problems or is it adding to the problem that lawyers are still not really understanding technology? There is a stunning article here with views and comments from some people I know and who are so well respected. I strongly recommend you to read it
To be clear, no one expects lawyers to be technology specialists, but we do expect them to understand the importance and relevance of dealing with electronic documents and communications properly, and by aligning themselves with experts at the earliest possible stage.
Here in SA I have seen considerable improvement in terms of the use and understanding of eDiscovery technology and of course the use of AI in other aspects. I just think that I want the lawyers to understand more and learn more from people who know