AI in eDiscovery: Practical Governance Resources

AI in eDiscovery: Practical Governance Resources

Resources for teams using generative AI, analytics, classifiers, or AI-assisted review features in litigation workflows.

NIST Generative AI Profile

https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.600-1.pdf

What it is

  • NIST guidance focused on generative AI risk management
  • Helpful for teams evaluating summarization, chat, issue coding, privilege analysis, and drafting assistance
  • Supports risk-based controls rather than blanket AI optimism or fear

Topics covered

  • Hallucination risk, data leakage, explainability, testing, monitoring, human review, governance

Audience: intermediate. Format: direct PDF. Access: free. Last checked: May 17, 2026. Caveat: not legal advice; pair with professional responsibility rules, protective orders, client requirements, and privilege obligations.

NIST AI Risk Management Framework 1.0

https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-1.pdf

What it is

  • Direct PDF of NIST's general AI risk-management framework
  • Helpful for mapping AI use in review workflows to governance, measurement, management, and documentation controls
  • Useful baseline for teams adopting classifiers, summarization, chat, or other AI-supported legal review tools

Topics covered

  • AI governance, risk controls, transparency, measurement, documentation, human oversight

Audience: intermediate. Format: direct PDF. Access: free. Last checked: May 17, 2026. Caveat: not eDiscovery-specific; translate the controls into legal hold, collection, review, privilege, production, and audit workflows.

ABA Formal Opinion 512: Generative Artificial Intelligence Tools

https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf

What it is

  • Direct PDF of the ABA's ethics opinion on lawyers' use of generative AI
  • Useful when AI-assisted review touches competence, confidentiality, supervision, fees, or court-facing accuracy
  • Provides a professional-responsibility lens that technical AI governance documents do not cover

Topics covered

  • Competence, confidentiality, client communication, supervision, fees, candor, verification of AI outputs

Audience: intermediate to advanced. Format: direct PDF. Access: free. Last checked: May 17, 2026. Caveat: ethics guidance, not a substitute for state rules, court orders, client requirements, or privilege analysis.

The Sedona Conference Primer on Generative AI in Discovery

https://www.thesedonaconference.org/sites/default/files/meeting_paper/6.6%20GenAI%20in%20Discovery%20Primer%20Draft.pdf

What it is

  • Direct PDF of Sedona's discovery-focused generative AI primer draft
  • Useful because it speaks to discovery workflows rather than generic AI adoption
  • Helps frame issues for prompts, source grounding, human review, privilege, confidentiality, and process documentation

Topics covered

  • Generative AI in discovery, human review, confidentiality, privilege, prompt practice, validation, proportionality

Audience: intermediate to advanced. Format: direct PDF. Access: free. Last checked: May 17, 2026. Caveat: draft/meeting-paper material; verify whether a final version exists before citing it.

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