BDO's Legal Tech TalkThe AI Revolution in eDiscovery
About this episode
Daniel Gold and Eric Derk talk with Derek Logan, now with Consilio and previously with ELTEMATE, the legal technology arm of Hogan Lovells. Derek worked alongside Daniel as a sales engineer in the early days of hosted Relativity and managed services. They trace how eDiscovery moved from per-gigabyte hosting to managed services and now to AI, and Derek explains how he builds AI programs that keep a human at the center, why governance and risk tolerance come first, and what AI may do to the billable hour.
Key takeaways
- Managed services changed eDiscovery in the early 2010s by solving business problems and bringing predictability to spend, not by selling hosting by the gigabyte.
- Successful teams move between builder mode and maintenance mode and keep looking for the next problem to solve.
- Most AI models are broadly similar. The value comes from the process, the evaluation and the bespoke work built around them.
- AI will reduce the number of people reviewing documents, but it will not eliminate the human who checks the output.
- Any AI workflow should start with governance and a clear view of how much risk the client can tolerate.
Full transcript
Transcript from BDO's published episode, edited for transcription errors. Speaker labels added by Gold Standard Leadership.
Welcome to BDO's Legal Tech Talk podcast. We're joined by judges and legal professionals to discuss emerging trends, regulatory updates, and the latest headlines. We'll provide tips to help your law firms and legal departments make the most out of legal technology.
I'm Daniel Gold, BDO principal and eDiscovery managed services leader.
And I'm Eric Derk, BDO's managing director of legal operations. Let's get started with this episode's exciting discussion.
And welcome back to another episode of BDO Legal Tech Talk podcast. And today is a special one for me personally, Eric, because we are going to take a quick trip down memory lane with our guest. And we're gonna talk about eDiscovery, and we're gonna talk about legal technology, where it's been, and where it's going. So back in the early two thousand tens, I'll call it, when Relativity was still very much a server product, I had the privilege of working with today's guest. And we worked at a company that is based out of Kansas where I am. And it was a moment in time that we'll never get back in legal technology and professional services.
It's because when managed services and eDiscovery really started to take shape in this company that we were both with, they were not just pushing infrastructure as a service and software as a service model for Relativity.
We weren't just talking hosting and how much per gig. We literally built up true managed services. And we were taking all of the pricing elements out of the picture and focusing much more on how do we build out a program, how we build out life cycle for that technology. And our guest, Derek Logan, and I both lived that life as sales engineers and later we called ourselves solution consultants.
And we literally changed the vendor landscape working for that company. And we shifted work from project to project to more about managed programs. And so you fast forward to today, and so I guess Derek. And what I love is what Derek is doing, and it's so perfect for him, is he's leading teams that design and execute advanced data platforms for complex litigation, for investigations, for regulatory programs, etcetera, for the Fortune five hundred that are out there. And so this conversation is gonna be great because it's really about the arc from those early eDiscovery managed services days and getting to where we are now, which is AI enabled global data environment. So much has changed since early two thousand tens.
Derek, it is so great to have you on BDO Legal Tech Talk. Welcome.
Thank you very much for that grace, And, happy to be here, happy to talk with you guys. So let's have some fun and talk legal tech.
Alright. Well, let's do it. So, Derek, let's stay down memory lane for a second here. So when we started right.
This is probably about two thousand thirteen, two thousand fourteen. You and I first crossed paths. And back at this company, when we were still talking about Relativity as a server product, we are pushing our clients toward something closer to what the IT world has always known for years, which is the managed services partnership. Right?
And that's really what it was. We, you we talked in language that no one had spoken before. Like, we are going to, you know, be your partners. Like, we are working with you as part of your litigation support practice.
Like, those are the words that we spoke and then all of a sudden, obviously, years later, everyone started using them. And, obviously, years later, here I am at BDO, and I picked up where we left off at that company rebuilding what I believe to be true managed services programs. So what do you think we actually got right back in those days about managed services that the market literally only recognized later? And where do you think the industry drifted into this managed pricing world without the real managed services behind it?
I know for a fact, actually, we got a lot of things right. One of the things you were alluding to that you said here very well is that we were looking at how do we handle and help you deal with your entire legal portfolio, not just a project. Right? And, you know, that was beneficial to, you know, both us as a company as well as the end client in a ton of ways.
Right? It definitely built some predictability into it, the spend, the resources, and the like. You know, nobody, like, back then, and I mean, still now to a degree, legal spend is looked at as a cost, a pure cost, not an investment into the business, a necessary cost nonetheless. But it's like, how do we control that?
How do we put our arms around that? And we gave businesses that ability. Right? And so that definitely resonated with client base.
I know for a fact also the people that company kinda saw where the world was going with cloud computing.
You know, a lot of our customer base were were law firms, and they had a way of doing things.
You know, sometimes they were very beneficial where if they've already moved to a cloud, whether it be public or private, they understood the benefit of doing that. Some were very resistant to let go of the data because they had only historically held on to things. So, you know, we were able to make very compelling cases in both instances to say that, okay, here's a better way of doing this. You know, especially with, some of law firm clients.
Right? I mean, because you had finite or they had, rather, say, resources. Right? They had a SQL guy for the firm or two SQL people for the firm as opposed to us at that company having multiple SQL developers and admins and the like for all of our Relativity instances.
We eliminated the conflict at certain places between, say, a human and or technical resource working on does outlook go down or does relative to go down? Which one do you use first? Where do you fix things? Right? So we filled a lot of gaps for a lot of people, and we see that a lot of the service delivery models that exist today.
What's interesting, you guys are both knowing both your backgrounds, you're both, I'd say, pioneers when it comes to managed services and discovery. And that probably comes with a lot of learnings.
So, Derek, you and Daniel know each other from a past life. It turns, you had turn in Epic and Concilio. Tell me a little bit about when you look back on those chapters, early hosted managed services types discovery work. What are the lessons that you've kind of learned and what are the things that you always kind of remind yourself not to repeat because you know it's a failed endeavor? And how do you turn that into your clients approach today?
So I would say very early on, the beginning of proselytizing and going to market with managed services, we learned to listen to the customer. Right? Some very smart people all got in the room, came up with, here's how we're gonna deliver eDiscovery managed services, and here's what everybody needs. And we went to the market, and there were a lot of people who did need that, But there were a ton of people who needed different things, whether it was different technologies, whether they had contractual obligations to certain things, whether they just ran their business differently than, you know, our core base.
So, you know, obviously, with just about anything, you can't be so bespoke that you're reinventing the wheel every time. But we learned how to get the wheel to a point where it was the customizations provide a minimal disruption or, like, cost spikes and the like, unless there were some just extreme outlier. So, you know, understanding the problem that each individual entity was trying to solve for, right, as opposed to just thinking, hey. I have got the solution.
Now what's your problem? Right? Or tell me about your problem that I've already solved. Sometimes it worked that way and sometimes it didn't.
So that was a huge part, especially the very early days. As the offering matured, at times got easy to kinda look internally. Right? I mean, we're we're successful.
We're doing this. We're doing everything we said we did or what have you. But continuing to evaluate, you know, different things in the market, whether it be tools or trends or, you know, thought leaders. If you're paying attention to that stuff and really getting to the signal of it all was very instrumental and very relevant to how we continue to deliver those services.
It's so interesting. There's something you said at the very end there, Derek, that I wanna poke out a little bit more if that's alright. What you identified is something someone else that we know well in this industry who's been on this podcast as well.
He talks about builder mode and maintenance mode. And and it's interesting. What you just talked about was what we did in those early days. And, Eric, you're kind of in your description of calling us, you know, pioneers, but I guess, you know, the company as a whole was for sure.
We went out and evangelize and we built it. We were in that builder mode for a while. Right? We're in that builder mode because we did something that other vendors weren't doing.
And I normally professional services providers, however you wanna describe it, we weren't doing which is really listening. Right? And really taking the time to really truly understand what the problems that they're trying to solve for. Because we are solving a business problem.
We weren't solving a technology problem. Right? At the end the day, that's what it was. And we applied what we knew about technology as sales engineers and leveraged as consultants to be able to find a way to be able to drive their business forward.
So that's what we did. So we're building mode. And then what you said was interesting there because you said, then we did it. Right?
We did the thing. We figured it out and then it became a little bit more routine. And it sort of sounded like we then we got into maintenance mode. Right?
So if we look at this, like, there's builder mode, like, we're gonna go build a thing, but then we're successful building it, but then there's maintenance mode. How do you, Derek, and especially this is, like, really critical, really your role at Altamate as well, is how do you prevent getting stuck in the maintenance mode? How do you keep that Kindle going so that you're always building?
A lot of that is the culture of the organization. Right? And, you know, maintenance mode, while not where I wanna reside, you know, for any length of time, it's a marker of success. Right?
You built the thing that you sought to build, and it's working for that entity, that individual, that group, whatever, you know, the basis. But you get to make this road. You love that. You're happy for that.
But what's the next generation? Right? And there's always a next generation. So whether it's just, you know, the regulatory environment, the world at large, you know, that particular industry that you're servicing or the ancillary industries that go along with that.
What's happening in those places that you need to account for, right, that you need to look forward and say that, hey, this thing's coming up or these three things could come up. How do I adapt to a, for just the people who are in maintenance mode, and what's my next message to the market as the market shifts? Because, you know, what's gonna be prescient in three years, you know, may not be prescient today for most people. But, you know, how do I prepare myself for that?
How am I not being dragged by the tail on that? So it's, you know, it's really important to, you know, understand your DNA, who you are, and who you wanna be as a company, as a provider, as a entity, or what have you, and make sure that, you know, you're always looking at that, okay. I got where I got largely because I solved the problem. How do I solve the next problem?
You know, I'm assuming that you build a lot of maybe bespoke routine processes and maybe workflows that meet a specific maybe data challenge, ETL challenges, extract, transform, and load.
Do you have, like, a rubric in place that when you are building bespoke processes and tools and methods that you say, hey. This actually could turn into a product. And if you do, maybe you could talk a little bit about how you kind of cross that chasm. Right? You have the bespoke thing and lots of people are kind of asking for it, but you haven't really codified it into a product. How does that work? Do you have like a product development life cycle or is it just kind of happened because based on a client need?
Healthy combination of the two. Right? So there's definitely the life cycle. There's the get the deliverable to the client.
Right? They asked for this, they came to us, they asked for it, let's get it to them in the time that we said we would give it to them. Then, as I was saying about builder mode, you know, we'll look at, okay, what could we have done better? What problems do we foresee or other issues we foresee where we can adapt the product now or in the next version of it to what we're doing?
And then you have the market. Right? You know, more people are gonna want it or need it. They're gonna need it better.
They're need it just a little bit different or what have you. So you start tweaking that baseline product, that MVP into, you know, however you can scale it.
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Talk to us a little bit about, like, what does that look like, you know, behind the scenes there when you are you're going through this and you are developing a product and now all of a sudden we're talking about AI too. Right? And I think that what we see a lot in the industry, Eric and I, at least what we see a lot in the industries, now everyone's got the best AI. Right?
Before it was everyone had the best TAR. Right? Everyone had the best algorithm. Now everyone's got the best AI, which is funny because the underpinning language models are generally speaking all the same.
What does it actually mean to run an AI centered program for a litigation or regulatory matter? Can you walk through, like, an example where you guys had helped out and what the success looks like?
Sure thing. So it means a number of things, but at its core, it's again, like I said, how the world changes and the world adapts. And here we go. Here's this thing that the world's doing in a certain number of ways and how the world's working.
How do we use this tool that's been given to us? How do we use the fire to heat our homes, cook our food, and do all the other things that we need fire for? Right? So that's really the thirty thousand foot view of how we look at that.
Then it gets a little more bespoke. So you mentioned some of the products that we've developed. Right? Those products solve for different problems that arise, whether it's internal to the firm, whether it's the firm's client, you know, whoever else in the market might need some of these things.
So there is a very constant need to look at, okay, how do we tweak this thing? How do we harness this fire? How do we, you know, just just make sure, you know, we're not burning ourselves or anybody else? So that life cycle, it's always, you know, kinda build, evaluate, deliver, repeat, tweak, update.
We've done that in a great number of ways and sometimes it's, very simple where, you know, we put a wrapper on some of those large language models that you talked about and, you know, we beefed up the security and the likes, so we're making sure that certain data is not making its way out into the world. Some other things become, like, a lot more bespoke. Right? You talked about the pilot, for example.
Yeah. That started out with a client in a certain industry. Couple other clients in that same industry felt the desire to use it and do some things a little bit differently than the initial use case. We were able to kind of tweak on the fly and get it to work for them.
And then we were able to pitch it to some other industries all altogether who share some of that regulatory burden and share some of those sort of use very problems. But, again, different industries. So where, how, what data is being procured or processed or what have you changed a little bit. We've had the framework for that already and we're able to tweak that.
Then we were able to take it from shield to spear. Right? So we started investigating some other industries where, hey, we have an inkling at least, a little more than an inkling, but we've got an inkling that this could be beneficial to you guys and here's how.
So, you know, that gets you the entrance a lot of times, but then that's when the listening really starts and how we solve for that and the products have progressed.
The fundamental component of being a human being and being an active listener is never to be overlooked. You're often described as kind of a legal engineer of sorts who designs these complicated technical workflows in the context of legal work. But let's talk a little bit more about when you think about architecting a workflow in the context of using AI for an investigation. Daniel's gonna love this question, but how do you design the human in the loop characteristic and checkpoints so that you can move quickly, but you can also have that kind of look back and audit trail in order to defend each step to make sure that the AI is not just kind of running free on its own.
And one of the things that Daniel and I have really talked about is what's the next generation of human in the loop? And we kind of think it's actually driven by a Uber quality control process that is just now starting to come to the AI work that we do in legal. But tell us a little bit about how you think about auditing and logging when AI is being used in so many different constructs? And and what are some of the challenges that you've had with human in the loop processes?
So we try to keep the human at the center of the loop. You know, it's our core belief that, you know, AI is not gonna go full Terminator or Skynet. It's people with AI. Those are the people that are anything.
So, I mean, obviously, there'll be less humans in some cases that need things, but a human needs to be at the center of that. There are some things that are just very cut and dry. Right? Like, did country x update their regulations with these five documents?
Yes, no. Right? Very quick, very easy decision tree. But now what do you do with those documents?
How do you integrate those documents into whatever you've been doing for that particular industry or that particular client, what have you? Are we sure that it's right? I mean, you mentioned all the popular large language models are out there. Who you know, you've gotta click a box first.
Say, hey, this thing hallucinates or this thing may not be perfect. It may not have access, quite frankly, to everything you needed to have access to. So, you know, while the AI tool is very powerful, very fast, you know, very, very quickly, somebody has to check that. And unfortunately, we've seen the news stories where, you know, with matters cases being cited that were cases in movies and not real cases or what have you.
Some somebody's gotta look over that stuff. Somebody's gotta realize that when something fails for whatever reason, right, whether it's somebody using combative AI in some ways or obfuscating things from, you know, how you've been looking for them. It is paramount for a human to really be at the center of that to ensure that the deliverable is correct. These models are gonna get more powerful, obviously, and, you know, there's certainly an argument to be made that there will be even further reduction in the need for immunity.
But I don't see elimination by any stretch of the imagination. And that goes for things that we're doing, you know, inside of eDiscovery, outside of eDiscovery, and the like. You know, inside discovery, one of the arguments against has always been, oh, well, I know my case better than any machine could know my case. And it's like, well, you know your case.
Do you know your data? How quickly can you parse through the data and the like? So, again, you need a subject matter expert really at the center of that to ensure that the machines are doing what you told them to do.
It's funny. Know, the things that we knew or we know now about AI, they weren't you know, it's like, well, what we know now wasn't true six months ago. Right? And then what we might know about AI in six months from now are not true now.
Right? And you and I, Derek, have both seen, Eric obviously as well. And Eric was in the in the room where it happened, as I like to always say, when they made the EDRM. And, you know, and it's interesting.
We have seen, all of us collectively and our listeners as well, what happens when technology makes things a lot faster.
I think this is the first moment. I'm curious what you think, Derek. This is the first moment in time where now we may be looking at is there a question on the billable hour? Right?
Do we actually shift? This is something that the ACC argued years and years ago. They said, you know, we need to be more value based. Do you think that we're getting to more of a value based because the billing model can't keep up, or do you think that we can charge more because we are able to produce a higher level work product in less time, so it's defensible to charge more?
I'm curious where you think the billing model is going and what we could do given the fact that so much is gonna be automated. Like you said, we're not gonna replace the lawyers, obviously. But are there less? Do we change the billing model?
Where do you think this is all going?
So we've already seen with some of the technology you mentioned, the TAR or or just even databases. Right? I mean, you wanna go back to, like, concordance databases.
That replaced case rooms that had thousands of boxes of paper in them. And those boxes oftentimes were looking at copies of things, and you had team a working on this, team b working on that, or what have you. So now you've got this database, and not only do you everybody not have to be in that room in particular, they don't have to be in a city to get to those same documents. And often have they can get through them more quickly, even if they're just going page by page.
Right? They're able to share work product better. So we're seeing that in so many different aspects and areas of life that you said much faster. You know, somebody we're able to get to the core of things.
We're able to answer the questions a lot faster. We're able to parse through more data. Right? We're creating more data than we used to.
I think you guys are both well, I'm probably the elder statesman here. I think you guys can appreciate, like, what a actual work computer itself. Right? That used to be someone who looked at a spreadsheet and computed the pluses and minuses.
We have computers now that do that as fast, if not way faster, than any computer in that era did. Right? So that's always been how technology has worked in our civilization. You know, we don't have fifty people try writing and copying books.
You know, the printing press came along and now, you know, large scale printers have even blown that away. So all that's for me to say that the next evolution, I do believe, is going to be an elimination of the billable hour. And it's not just a technology challenge that's driving that. How that's gone, you know, a lot of corporations look at, you know, how their balance sheets ebbs and flows and how they value projects.
And it's not based on an hour of time. It's based on getting the work done, and it's based on outcomes and the like. So the outcomes and the like. So the legal industry, which had been a bit of an outlier, think the technology is bringing that kind of closer to center on how, like, the corporate world and how the kind of the world at large works.
Interesting.
So I run the legal ops team here at BDO, and I'm always being asked for my thoughts on what advice you would give to any legal person that's being just bombarded every day with all these different AI tools.
And so when you give guidance and advice to somebody who says, hey. What about this tool? What about this tool? Before somebody actually gets into even a POC or signing a contract, what's the one thing that that you gotta have this in place before you actually design any data workflows?
Maybe there's more than one. But what are the things that you tell your colleagues and clients that, hey. If you're gonna go down this path with this class of tools, you have to be able to do this. Like, what are some of the mistakes that people have just chosen to kinda skip to get to the tech?
And what are your some of your guidance and recommendations on how to not keep making those same mistakes when all these new flashy tools get updated every day? And we're seeing all this great advancement in tech, yet we're also seeing an issue with adoption. So how do you kinda coach people through this moment of the hyper sale around AI and all the glory and glitz that is there without kinda giving them kind of, like, too much, like, I guess, disappointment or lack of expectation or what AI can actually do for them?
So that's where, you know, we talked about at the top of this, listening to the client. Right? Understanding what problem they're trying to solve. Obviously, it takes a little bit of prognostication to say that, okay.
Today, this tool can solve that problem, but here's how your problem's probably gonna morph, and here's how this tool may or may not morph. That's a big part of it. It's really understanding or getting that the true comprehension of, yeah, what they need to do or want to do. I would say next is a very strong governance model.
Right? You have to have some guardrails around how and why we're gonna do this, how and why we're gonna add new tools. Because you're right. I mean, the tools themselves change every day.
There are people who come to market every day, whether it is repackaging things or whether it's just getting faster to create some new things. So what's your model? How do you vet tools? How do you vet the security, the safety, accuracy of those things?
You absolutely need to know that. And then you have to have a risk tolerance that's greater than a lot of people in the legal space has had. Maybe it's not quite as drastic as, say, the software or banking industries go, but there are gonna be some stumbles. There are be some shortfalls.
There are gonna be some drawbacks. And, you know, in the legal space, you know, we've been taught that those are all wrong. Those are all bad things, but business doesn't move like that. So you have to have some patience that, you know, these things are going to happen.
Obviously, you mitigate them as much as you possibly can, but to think that, you know, you're gonna have a hundred percent accuracy, you're never gonna get to a product. Right? Nobody develops anything that's gonna be a hundred percent on day one.
So what is it that you can tolerate is something that you need to know. But how do you want this to work? Is it a suite of things? Are you looking for one thing that's gonna do everything, everything well, everything kinda well?
Do you want a million different bespoke products and the like? Do you wanna have a hundred tools in your drawer at all times? Right? So I try to understand those things and talk people through what I feel are some best practices for those, what I think, you know, based on my experience with them, whether it's longer or shorter, how the things in the market kinda work and fit what they are currently doing and what they wanna do going forward.
I like that. We started this episode going down memory lane, and listening to you speak reminds me of all the reasons why I loved working with you, Derek.
Really. I mean, you've got a lot of thoughtfulness here. And and one of the things that you touched on was, and I wanna come back to this, this idea of active listening. It's the one thing I think that we were taught rather well among other things. And if you really think about it, before we started day one, we were told to read two books.
We were told to read the book Raving Fans, and we were told to read the book The Gold by by Eli Goldratt. And the reason why we were told to read both of those books was because we wanna deliver one percent more than everybody else. And that was the mantra. That was the culture.
You talked about culture here, Derek. Right? The culture was is that we are always gonna give one percent more, and we were gonna think like Eli Goldratt did in The Goal. Right?
And when I think about that, it required this active listening to unlock not just the technology, but to build better programs. And if we apply The Goal mindset to legal AI adoption, what do you think the most common constraint is? Is it data governance? Is it incentives?
Is it human judgment? Basically, what's the one habit of deep curiosity that you would operationalize or you are operationalizing right now so that teams consistently turn clients into raving fans instead of shipping another tool that just gets tolerated but not really trusted?
Yeah. I think it definitely starts with governance and risk tolerance. Right?
Do you touch on some of the kind of competing interest? You know, efficiency isn't always a positive word, you know, in certain businesses or certain business models and the like. So you definitely have those competing interest at play.
It's really navigating, you know, how much do you wanna solve this problem, how much do you wanna solve it quickly, and what are you willing to do and tolerate to get to that point. You know, I used see that all the time, right, where you had conflicting stakeholders that, you know, the privacy guy, the security guy, the infrastructure guy, they were all on the same team, but they were all trying to accomplish different things. They they all had different incentives and all. So, you know, we still see a great amount of that, you know.
So it's really you know, it can be quite tricky, quite frankly. Right? Getting those very interest on the same page, getting them to speak where we read for the same thing, hymnal, so to speak. So, you know, that in of itself is another reason, you know, going back to the question about human in the loop.
It has someone already generated an AI, which is like, hey, I have this problem solved, but hit the button. Sure. Do you need someone to listen and understand the problem, understand the question, ask better questions, challenge, push back, you know, make suggestions that aren't so, like, ones and zeros. Yeah.
Absolutely. So that's really it's the same sort of mindset, the same sort of acting path.
Love it. Derek Logan, I am so delighted that you joined us, the virtual recording studio here with BDO's Legal Tech Talk podcast.
You surpassed my expectation of what this would be for a good episode. Thank you very, very much for joining us here today.
Hey. Thank you guys for having me. I enjoy what you're doing, this podcast, how it's serving the community. Gold, you know, you've always been one of my favorite people, so I was happy and honored to get the invite.
Awesome.
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Daniel Gold is an attorney and a Principal at BDO USA, where he leads eDiscovery managed services. He hosts BDO's Legal Tech Talk, co-hosts the NeLI Pod and founded Gold Standard Leadership.
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