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Top AI-Related Concerns in eDiscovery—And How to Address Them

AI-Related Concerns in eDiscovery

By Glenn Posein, Vice President of Regional Sales, Purpose Legal

As a Vice President of Regional Sales at Purpose Legal, I spend a lot of time speaking with legal teams about their biggest concerns when it comes to AI in eDiscovery. Whether I’m meeting with corporate legal departments, law firms, or government agencies, the same questions keep coming up: Is AI secure? How reliable is it? Can AI-assisted findings hold up in court? These are valid concerns, and in a legal landscape that’s evolving as fast as AI itself, getting the right answers is critical.

At Purpose Legal, we work closely with our clients to balance AI-driven efficiencies with expert oversight to ensure that legal teams can leverage AI safely, effectively, and defensibly. Below are the most common concerns I hear in the field, along with how Purpose Legal helps clients navigate these challenges.

1. Data Privacy & Security Risks

Legal teams are rightfully concerned about AI tools processing massive volumes of sensitive data—including privileged communications, financial records, and personal identifiers. With growing regulatory scrutiny under GDPR, CCPA, and HIPAA, any AI-powered eDiscovery solution must adhere to the highest standards of data protection.

The risk is even higher when AI solutions are cloud-based, requiring firms to entrust third-party providers with their most sensitive case information. Without strict security protocols, AI-driven tools can become vulnerabilities rather than assets.

What I Recommend:

✔ End-to-end encryption and strict access controls protect sensitive data.
✔ Secure review environments ensure compliance with global privacy regulations.
✔ Vendor assessments and security audits confirm AI partners meet legal industry standards.

2. Accuracy & Reliability (AI Hallucinations)

A major issue I hear about often is AI “hallucinations”—when AI misinterprets data or fabricates findings. In eDiscovery, this can result in false positives, false negatives, or misclassified privileged documents, all of which can impact case strategy and lead to costly legal missteps.

While AI is a powerful tool, it still lacks the human ability to apply legal reasoning and context. If teams over-rely on AI-generated results, they may miss critical details or overlook key documents.

What I Recommend:

✔ Our hybrid review model ensures every AI-generated result is reviewed by expert attorneys.
✔ Continuous quality control and bias testing improve AI accuracy and mitigate errors.
✔ Technology-agnostic approach allows us to tailor AI solutions to specific client needs.

3. Lack of Transparency (The Black Box Problem)

One of the biggest challenges legal teams face is the lack of transparency in AI decision-making. Many AI tools function as “black boxes”, meaning they provide outputs without a clear explanation of how they arrived at those conclusions.

This lack of transparency makes it difficult to defend AI-driven results in court. If opposing counsel challenges an AI-assisted review, legal teams must be able to demonstrate why and how certain documents were classified.

What I Recommend:

✔ We use explainable AI models that offer clear reasoning for document classifications.
✔ Detailed audit logs ensure a defensible chain of decision-making.
✔ We educate legal teams on how to present AI-assisted findings in litigation.

4. Chain of Custody & Auditability

Without a clear chain of custody, opposing counsel may argue that AI-assisted findings lack credibility. eDiscovery demands strict data tracking, documentation, and auditability to ensure that legal teams can prove the integrity of their review process.

If an AI tool alters or processes data without clear documentation, it can create evidentiary gaps that weaken a case.

What I Reccomend:

✔ We maintain detailed audit trails that track AI’s involvement at every step.
✔ Customizable reporting allows legal teams to produce defensible documentation.
✔ Our AI-driven workflows prioritize data integrity and verifiability.

5. Over-Reliance on AI

Another issue I discuss frequently with clients is the tendency to over-trust AI. While AI can enhance efficiency, it is not a substitute for legal expertise, human judgment, and contextual analysis.

Some legal teams are tempted to automate too much—relying on AI to classify privilege, make relevance determinations, or even conduct final reviews. This can introduce serious risks, especially when dealing with nuanced legal matters.

What I Recommend:

✔ We emphasize a human-AI collaboration model, ensuring expert oversight.
✔ Our review teams cross-check AI-classified documents to prevent critical errors.
✔ We help legal teams implement best practices for AI-assisted workflows.

How Purpose Legal Helps Clients Use AI Safely & Effectively

At Purpose Legal, our goal is to help legal teams leverage AI responsibly—enhancing efficiency without compromising accuracy, transparency, or security. We take a holistic approach, ensuring AI is properly vetted, integrated, and always supported by human expertise.

Key safeguards we implement:

✔ Human-AI Collaboration: AI supplements expert legal review, rather than replacing it.
✔ Bias Testing & Validation: Regular audits ensure AI outputs are accurate and fair.
✔ Auditability & Transparency: We use AI models that provide explainable results and detailed logs.
✔ Data Security Measures: Our security protocols ensure compliance with privacy laws and regulations.
✔ Legal & Regulatory Compliance: We stay ahead of evolving court rulings and AI standards.

Final Thoughts

AI in eDiscovery is a game-changer, but only when used responsibly. The key is to balance AI-driven efficiency with human expertise and defensibility.

When I talk to clients about these concerns, I always emphasize that AI is a tool—not a decision-maker. By addressing risks proactively, legal teams can harness AI’s full potential without compromising their case strategy, compliance, or ethical obligations.

At Purpose Legal, we specialize in helping legal teams navigate AI risks, implement best practices, and ensure defensibility in eDiscovery. If you have concerns about AI in your legal workflows, let’s connect—I’d be happy to discuss how we can support your team. Contact us here.

Check out our entire collection of AI-related material here.

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