Notice · Commercial Litigation & Dispute Resolution

Client notice and consent: e-discovery, technology-assisted review and AI document review

A client letter explaining how the firm proposes to use technology-assisted review and AI tools on the client's documents in discovery, the safeguards, validation and cost, with a consent form recording the client's informed choice.

Kind
Notice. A formal notice to serve or publish.
Where it applies
Australia, New South Wales, Victoria, United Kingdom (England and Wales), United States
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when a matter will involve electronic discovery or a large document review and the firm proposes to use TAR, predictive coding or generative AI tools. Send it before a discovery plan is agreed with the other side or put to the court. Not needed for a small paper review with no technology beyond searching.

How AI may be used

TAR and AI tools may rank, cluster and classify documents within an agreed and validated protocol, but relevance and privilege calls on borderline documents, the validation results and the list of documents are reviewed and signed off by lawyers.

AI may

  • Rank and cluster documents in a corpus the lawyer has cleared for the tool
  • Flag likely privileged or sensitive documents for human review
  • Produce recall and precision estimates from samples that lawyers have coded
  • Draft a first-pass issues list with document references for lawyer review

AI must not

  • Must not make final privilege decisions or release documents to another party without human review
  • Must not process the other side's discovery or subpoenaed material in a tool that does not meet the court's conditions
  • Must not allow the vendor or tool provider to train on, retain or reuse the client's documents
  • Must not use outputs from this matter for any other matter

The lawyer checks

  • The review protocol is agreed with the other side or approved by the court
  • Validation samples are adequate and the results are documented
  • Privileged documents are quality-checked before production
  • The vendor contract covers data location, access, retention, deletion and no training

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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