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.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Commercial Litigation & Dispute Resolution
- Letter of demand with genuine-steps and limitation notes
- Statement of claim: NSW UCPR Form 3A and Federal Court Form 17 (completion guide)
- Interlocutory application pack: orders sought, short minutes and outline of submissions (NSW notice of motion and Federal Court Form 35)
- Deed of settlement and release (commercial dispute, with consent orders)
- Gen AI verification checklist and disclosure wording for court documents (Federal Court, NSW, Victoria, Queensland)
All precedents for Commercial Litigation & Dispute Resolution · Tasks and AI use in this area