[EDRM Editor’s Note: The opinions and positions are those of James MacGregor.]
As we move forward in an era where technology plays an increasingly crucial role in legal proceedings, I’m proud to announce the completion of a significant milestone in the field of eDisclosure: “A Best Practice Guide for the use of Active Learning.”
This journey began during our regular ILTA Litigation Special Interest Group meetings, where heads of eDiscovery from London’s major law firms frequently discussed a common frustration: the lack of standardisation in Active Learning implementations. Despite Practice Direction 57AD encouraging the use of technology-assisted review, we found ourselves repeatedly negotiating the specifics of how to apply these tools on a case-by-case basis, leading to unnecessary delays and increased costs for all parties involved.
In January 2024, we decided to address this challenge head-on. Together with David Wilkins from Norton Rose Fullbright, I co-chaired a working group tasked with developing a comprehensive guide that would standardise the approach to Active Learning in eDisclosure. Our initial draft brought together the collective expertise of leading law firms in London, focusing on creating practical, implementable guidelines that would serve both sides of any dispute.
The real strength of this document, however, comes from its collaborative nature. On July 17th, we opened the draft for public consultation, inviting feedback from the broader legal technology community. The response was overwhelming and truly global. We received valuable input from practitioners across multiple jurisdictions, including the United States and Australia. Particularly noteworthy were the contributions from retired Judge Victoria McCloud and Professor Maura R. Grossman of the University of Waterloo, one of the world’s leading authorities on technology-assisted review. Their combined expertise – both judicial and academic – helped ensure the guide’s alignment with both practical court requirements and established scientific principles.
After the consultation period closed on September 20th, our working group carefully reviewed all submissions. We implemented changes that received majority approval, ensuring the final document represented a true consensus of industry best practices. The result is a comprehensive guide that covers everything from fundamental methodologies to validation approaches, providing clear direction on when and how to effectively implement Active Learning in eDisclosure.
On October 24th, we proudly released the final version to the public. More significantly, we’ve submitted it to the Master of the Rolls, Sir Geoffrey Vos, for consideration as a consensus document to be potentially incorporated into English law. This submission represents a crucial step toward standardising the use of machine learning technology in legal proceedings.
On October 24th, we proudly released the final version to the public. More significantly, we’ve submitted it to the Master of the Rolls, Sir Geoffrey Vos, for consideration as a consensus document to be potentially incorporated into English law.
James MacGregor, Chair of ILTA Litigation SIG and Founder of Ethical eDiscovery.
The guide stands as a testament to what our community can achieve through collaboration. With contributors from over 20 major law firms, including A&O Shearman, Baker McKenzie, and Herbert Smith Freehills, alongside leading software providers such as Everlaw, industry bodies like ACEDS, and service providers such as AlixPartners, we’ve created a resource that draws on an unprecedented breadth of expertise in the field.
Our goal has been simple: to reduce the time and cost associated with eDisclosure while maintaining the highest standards of legal practice. By providing a clear, standardised approach to Active Learning, we hope to eliminate the need for repeated negotiations over methodology and allow legal teams to focus on what matters most – the substantive aspects of their cases.
The submission of this guide to the Master of the Rolls marks not an end but a beginning. As technology continues to evolve, so too will our practices. With the growing adoption of Gen AI in the context of eDisclosure, further guidance will be required to address how best to use this technology and this guide will soon need to be updated. However, with this foundation in place, we’re better positioned than ever to adapt and grow while maintaining consistency and efficiency in our approach to eDisclosure.
I want to extend my sincere thanks to everyone who contributed to this project. Your expertise, insight, and dedication have helped create a resource that will benefit our entire profession for years to come.
The full guide and list of contributors are now available through ILTA’s resources. I encourage all practitioners in this field to familiarise themselves with these best practices as we work toward their wider adoption in the legal community.
Assisted by GAI and LLM Technologies per EDRM GAI and LLM Policy.
