Public Inquiries often involve sensitive disclosure and in-depth reviews of complex and large volume documents, from various sources often spanning many years. It has meant that complicated eDiscovery and large-scale document reviews need to make intelligent use of technology to refine and reduce that information quickly.
These processes are essential in Inquiries, and they need expert teams to meet fixed deadlines at each stage of the Inquiry. But how do we ensure that those without access to technology or legal support are not excluded?
Tech and Gen AI tools
Placing an important focus on maximising efficiency and cost savings are vital to publicly funded matters, which is why it is often crucial to use appropriate Gen AI tools that are increasingly available to legal teams today.
Deploying AI in eDiscovery typically reduces up to 75% of manual review work, making them faster, cheaper and more accurate. This efficiency helps to ensure important information, that is central to the Inquiry investigation, is identified and presented without delay.
But transparency around how this is done must surely be important to ensure those who might find this technology difficult to navigate still trust the process. Fear of technology meaning those at the heart of an inquiry feel excluded.
Whilst the likes of Chat GPT and DeepSeek might be useful Apps for open-source material, those without access to technology must not be forgotten in the inquiry process.
Potential risks and issues
Advancements in modern legal technology have seen a significant rise in the vast number of Gen AI tools on the market today. In a world that is fast-changing and ever-developing, it has never been more important to keep up with the legal technology available, but how accessible is it?
It is not uncommon for there to be hundreds of core participants in Public Inquiries, some of whom may not be legally represented and may be unfamiliar with legal processes. While trying to manage their understanding of the Inquiry process itself, added complexities arise when we throw legal technology into the mix. This can be overwhelming to a lay person who is not tech savvy and who may not have ready access to a computer or other device.
The emergence of AI, such as Copilot, is intended to assist a lay person in understanding the legal system and arguably, even obtaining free legal advice. With the click of a quick command from your mobile phone, it is possible to access a great deal of information that is instantly available in the palm of your hand, easy to comprehend and digest. However, technology used in eDiscovery processes is designed for a very specific purpose, locked down in complete security on e-disclosure platforms, and not widely accessible.
Individuals who are not tech savvy and not legally represented may therefore find themselves disadvantaged without fully understanding what is being presented or discussed where legal technology has been engaged.
In addition, it is not always clear what range of tools are available to the public, which ones are relevant for their purposes, how to use them, or how to analyse/interpret the results they output. Needless to say, without the right review team requisites, time and cost on any matter can spiral out of control very quickly.
So, what could be done?
At DWF, we understand that all core participants must feel suitably comfortable throughout the course of a Public Inquiry. This means adopting alternative ways to offer adequate clarity to all, and being mindful of core participants involved in the Inquiry who may not be legally trained, not legally represented, and unfamiliar with legal technology (or simply without ready access to it).
The starting point must be to acknowledge the challenge and consult at an early stage with ALL Core Participants, particularly those not legally represented. Be ready to have prepared easy to digest FAQS, videos, and workshops to fully explain the available technology.
But it may need to be more than that? How many Inquiries facilitate an accessible data/computer room for groups, such as survivors or the bereaved, to use? Could an Inquiry staff, or ask its eDiscovery provider to staff, a helpline for anyone to call and seek help and guidance?
Those lawyers who have many years of experience of Inquiries often take for granted the need to have access to the likes of Relativity and AI technology for reviews. However, when it is your first Inquiry it can be daunting and as such it is important to acknowledge and constantly challenge how things can be explained in a clear and digestible way avoiding ‘tech jargon’.
Our previous article on the role of technology in Public Inquiries discusses the role that technology plays in the Public Inquiry process.
