Q&A: Jerry Lay Shares Insights from Relativity Fest London

Jerry, adoption of generative AI in discovery workflows has accelerated significantly over the past year. As legal teams begin to place more trust in the technology, what are the opportunities for applying it to matters involving cross-border complexities and multi-language documents?

Legal teams are regularly facing “mission impossible” moments, when an investigation or litigation spans multiple jurisdictions, involves documents containing numerous languages and has large volumes of data involved. It is in these moments that the latest AI capabilities can make a significant impact in reducing the burden. In addition to providing faster, more cost effective review workflows, AI can support improvements in strategy development by providing insights and data enrichment that may have otherwise been missed using traditional processes or manual review alone. 

Can you share an example of a case where generative AI provided some of these benefits?

In a recent litigation, part of the opposing side’s strategy was to flood counsel with documents, creating a large pool of materials that needed to be reviewed for context and key facts. Using generative AI, the team culled the documents by custodian, time, data sources and document type to narrow the review. The legal team was trained on how to query the remaining document population using generative AI. Ultimately, this enabled them to effectively “interview” the data, so they could quickly understand the relevant information and strengthen their case strategy.

How can organizations that have not yet applied generative AI to live matters effectively transition from pilot to implementation?

The most effective way to secure buy in is to show the possibilities. Running a test matter in a safe environment, such as using a past case, can demonstrate the benefits and address concerns. This approach shows reluctant stakeholders that humans remain in control and that AI outputs can be steered, refined and validated like any other iterative tool. Managing expectations is critical, especially since various tools don’t map neatly onto traditional linear review progress metrics. 

Ultimately, trust is developed through transparency. We have seen confidence develop through flexibility and focusing on how the technology can help experts do their work more effectively, rather than replacing human input.

What are common tension points legal teams may encounter when attempting to deploy AI in cross-border matters?

Some clients arrive with ambitious but misaligned expectations, and some proposed use cases simply aren't a fit for AI. So, there can be tension right from the start, requiring a level set for the team’s expectations or a reassessment of what specific problems need to be addressed and the best way to solve them, which may or may not be AI.

Additionally, legal teams looking to implement generative AI in their matters must work closely with privacy and security stakeholders to ensure the environments and workflows do not compromise data protection controls. In that same vein, data protection officers and information security leaders will want an opportunity to evaluate the technology in advance and determine any potential privacy or security risks that may arise from using it. Engaging these colleagues early on, rather than when under a court or regulatory deadline, is key.

Any other final takeaways from the discussion?

It’s an exciting time for legal professionals to push the boundaries of what they can do with technology. While speed and efficiency are often the focus when considering benefits, there’s even more value in the way AI can sharpen strategic insight and enable workflows that would not otherwise be possible. The legal teams that continue to take an approach of combining advanced tools with expert oversight will drive more impactful use cases and promote wider adoption within their organizations. 

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The views expressed herein are those of the author(s) and not necessarily the views of FTI Consulting, its management, its subsidiaries, its affiliates, or its other professionals.