BDO's Legal Tech TalkBuilding Better AI Programs Together
About this episode
Daniel Gold and Eric Derk talk with Stephen Dooley, who has led electronic discovery and litigation support at Sullivan & Cromwell for nearly twenty years, about building an AI program inside one of the most traditional law firms in the world. Stephen covers executive sponsorship, safe spaces for lawyers to experiment, the firm's framework for approved tools, and why he still keeps a human in the loop on every production.
Key takeaways
- Sullivan & Cromwell's AI work grew from executive sponsorship, a few early wins and developers committed to the effort.
- Lawyers adopt AI faster when they can try it on low-stakes personal tasks first, such as trip planning, before using it on client work.
- The firm keeps a list of approved AI tools and a documented framework so every project can be explained to clients and courts.
- Better prompting works like questioning a junior associate: give context, ask for the negatives and follow up.
- For a full production, Stephen still insists on a human reviewing what AI finds and what it misses.
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. Joining us today is a true veteran of the legal technology world. He currently serves as the director of electronic discovery and litigation support at Sullivan & Cromwell, and he's been there for 20 years.
Now when you think of the firm that he works for Sullivan & Cromwell you think of a firm that is the literal definition of old school prestige. The firm was founded in eighteen seventy nine, and it has been at the center of global history, reading from the formation of GE to the Panama Canal. And today, they still remain a powerhouse, currently ranked number six in the Vault one hundred and consistently holding the number one spot globally for MNA. But while the firm is built on a century and a half of tradition, our guest today is someone who has seen the industry evolve from the ground up over the last three decades. She'll talk about why the smartest professionals are moving away from the hype and toward intentional design in artificial intelligence and how to do that in America's oldest law firm. Stephen Dooley, it is great to have you on the show. Thank you so much for being here.
Absolutely glad to be here, Daniel and Eric. Appreciate joining the friends here on the cast.
So, Stephen, you know, I have known about you. We haven't interacted, but I've known about you over the years, and I've been in doing this now for, you know, twenty years or so.
And I find it so fascinating a couple of things about your background. One of which is that you have been at one place for you said before we started the recording, this November is gonna be twenty years.
I find that great, and you don't find that kind of tenure, I think, a lot these days anywhere, and especially in a litigation support position.
And you have seen a lot change. And one of the things that fascinates me so much about what you do is the fact that Sullivan & Cromwell, it's a generalist model powerhouse where you've got pedigree at a hundred and fifty years of human led tradition. Right? That's the standard. And what I'm really curious and what I'm hoping you can educate all of our listeners on is how do you take a culture that's so rooted in that old school style of excellence and successfully birth, what you did, a radical AI driven mindset from within those four walls without losing the firm's soul?
That's a great question.
I definitely am going to first state it was not solely my responsibility. I was simply acting in sergeant in arms, if you will, to some very fine executive leadership. I basically saw some things unfolding in the market and the industry, and let's start investigating and understanding this. As opposed to following the hype cycle, let's really kind of get in and unpack it.
So I'm an operations team person, right? I run a team of people that are working with the data and moving things through or have done things all the way from paper to, you know, the electronic version of the world of how do we gather data and information, make sure it's secure and it's compliant, and then ultimately feed it in for any type of review and production. So it comes up to me and the team, quite frankly, to say, alright. We know what we do at the core, right, as a legacy core, an accurate level of offering of process and documentation.
How does this AI tool, this fancy thing, how does it make our experience different, better, not so better? You know, let's read through the hype a bit. Without that executive leadership, specifically Joe Shanker, he definitely captained the charge, and many foreign partners that were in that league also.
We have the marching orders, and it's always easier when you have the marching orders as opposed to trying to wag the dog. Right?
It's so right. And we have both law firms and law firm law department colleagues that are really embracing the hype, but I think the adoption challenges are real.
We work with not just corporate legal departments and law firms, but we also work with tech providers.
And I think what Daniel and I experienced a lot is the precision around the use case definition. Like, people think, well, you can use it for clause analysis. You can use it for document clustering. But when you get down to the very specific details, it's super hard to articulate it to people who don't do it every day. So with AI, I think we have all this great hype, and I'm sure you saw that the recent news about some of these better capabilities around NDA analysis and document clustering that are coming out and a lot of the AI tools that we use every day that might disrupt the legal tech market. But tell me, when you guys started to use AI and you had executive sponsorship, what kind of feedback were they looking to get? It was a brand new place.
And for those of you who don't know, you can just go read about what Sullivan and Cromwell did with their AI initiatives.
But how did you actually show value repeatedly and over time? Because I'd imagine that there was an expectation for quick return and quick value. So how did you communicate that, and how did you navigate that?
Well, basically, when we were looking at the process that we already had to follow and we said this new technology is intended to be the substitute or the next version of TAR, that was kind of the natural place for it to fit. So it has models, it has things that can create classification, there numerics to it. It's similar to what we already do with TAR 1.0 and 2.0. Right?
And so what we've quickly found was that the ability to classify the documents very quickly and accurately was happening in a much shorter life cycle. So less times working through a bunch of different versions of control sets, all sample sets, all that stuff. And yet we still had a pretty strong validation process through it. And it didn't happen overnight.
There was definitely some hours of like, well, that didn't quite go the way we thought it was gonna go, so let's make sure that we're, you know, applying the proper validation downstream and or tweak what the features are in the application and or the process to make sure we're getting what we're looking to get and find and identify the efficiencies. So a lot of it's just making sure we take advantage of all the rich experience and nuance that we're used to dealing with in these projects and apply that to this new technology and then really have a couple of strong developers who are committed to the cause.
You know, we spent some late nights just trying to get through the process, layer in workflows to do things that will help make the product more efficient.
And ultimately, with that executive sponsorship and even a couple of clients that were on board, we were able to get some real strong use cases in pretty early and really start demonstrating, oh, there's something here. And so once we were there at that place where the seed was planted, we then organically grew.
Still trying to follow and make sure, you know, we're doing things in a way that protects the client and the data and the process so it's defensible.
So when you guys were sitting down and you're planning on what to create, there's this expression that is going around in multiple different variations. I'm sure you've heard of Stephen as well. People on that Eric and I have had on the podcast have said it, which is that AI is not gonna replace you. Those that harness AI will replace those that don't. And I think that's a pretty fair and accurate statement. And I think that the innovator's mindset is starting with this idea of how might AI do this for me.
Right? And if we start there, then we can enhance decision making. We can strengthen strategic decisions that we do. And then I think that transforms us from this legacy old school way of being able to do things to a new way of doing it, but by leveraging AI in a very strategic fashion. Right? How might AI do this? Was that the question going through all of your team's mind, everyone that was working on this project at the firm?
Yes. And it's some people, it didn't foster immediately. Right? You always have people in the room that are pretty comfortable on the edge and saying, well, I'm gonna try these things and see how it works.
And then others that are a little more comfortable in their safety net of I know my approach and I can be confident that it's gonna kind of get the same results I've been doing for the past ten, fifteen years. So there's definitely different tribes and people that but we brought people along. I think what we tried to do is just create a culture of and this is very much helped by the firm that said, we are gonna create safe spaces where we're gonna use AI. Now, you can personally use AI however you want, right?
You can go out and create travel plans and create your own diet program. So I also encourage that. We encourage that with the team. It's just like, just understand what it is that these tools do and get comfortable with the form of prompting and asking the question.
And then if you start using different tools, understand if there's variables or differences. And this became really important as the models themselves are competing aggressively with each other and things like multimodal came out and the ability on translation and all this stuff that was super helpful.
I went on this big trip to Japan and the first thing I did was ask for, like, perplexity, create a whole trip, da da da da, that my two sons are going with me, so throw in some anime and, you know, within seconds, I had this whole layout with maps and the train schedule. So that level of kind of, like, accessibility is kind of mind blowing. And once you start opening and triggering that creative side of it, you realize there's some possibilities here that are just applied in your day to day work.
And it's creating safe spaces with those possibilities, safe meaning, obviously, safe for client data, safe from security standpoint, then people start getting creative on their own.
One of the things we've done, we have Enterprise ChatGPT as a firm. So it's pretty much standard business now for us to throw together a project or a GPT to help kind of navigate through specific processes within the department and or document repositories that we have. So we can just ask a question, get back the feedback on our standards or our process, and we're off to the races, which would normally be, you know, go look at this place, go look at that place, go look over here, and then bring it all together into, you know, some type of summarized document. But now that's all in one place. So that's just that's one use case that's just become very routine. And once you get people in that space of, well, what else could I could do? Then that's where you can see some real wonderful grass is greener situations that you can at least test out and see if it becomes more sticky with other people in the firm.
Yeah. There's this balance between finding new ways to work with AI, which I think we uncover every day.
And as the tech evolves, we were really amazed at how cool this all is. However, good lawyers are extremely creative. Right? They're problem solvers. They're strategic thinkers.
But a lot of the lawyers, they just wanna interpret the law, and one would argue that that's a very creative process.
But when have you like, you mentioned your internal department and how they're using AI.
Do you have a framework? For example, having worked with you in the past, you know, doing a lot of Lit support and legal project management, we used to do things like build timelines and create, you know, GAN charts and project budgets and all the things that good legal project managers do, create estimates for, a pre meet and confer.
Are you trying to standardize the use of AI inside your teams so you can build more consistency around here's the process in which we go through. Here's where you need to be able to use AI, whether it's through a open language model or a private rag.
How hard are you pushing on this, or are we too early to start implementing, like, internal operational standards on how we use this?
That's interesting.
What we did was and you're right. We do still have a standard of legal project management in which we operate of we're just not gonna let processes just kind of sit in silos or this little bubble, you know, runs their special little process. We we try to have a contiguous process across. And we already have a project tracking and a pretty rigid project management platform that involves documentation and connected to tables.
And we have a actually subscribed to a SaaS solution that is a full project tracking solution. So we're looking at ways that we can either AI will plug in as being a resource to retrieve information and generate information across that data source. And then we're looking at ways within talking to the provider about can we enable AI to be more agentic within the platform itself so that it's helping just create more efficiencies in the workflow, but still human in the loop as a part of it. And when we're looking at these kind of use cases that are more back office, there's a framework for which we deploy any of our technology, whether it's integration or developing new tech, developing some type of migration process between one solution and the next.
We basically have a short form program that says, what are the requirements? Let's understand who all the stakeholders are, typical LPM kind of stuff to basically say, alright, we're doing this thing. We keep a repository of we know that we're doing this thing and it accomplishes these types of tasks. Now let's resource that across whatever other projects we're working on to make sure that we're not creating any redundancies or unnecessary duplication and make sure in real time we're looking at efficiencies.
So if in this project that's dealing with how we're generating budget summaries, we could be repurposing that to how we're maintaining our preservation and lit hold process.
We're just completely transparent about that across kind of a single source of our dev program.
So that's the framework as it sits now so that we're keeping everybody educated and aware of the new stuff people are trying and where things don't work, more importantly. And then so when we're creating the next, okay, we think we can improve on this, we're doing it from a place of transparency and education from real experiences and not just kind of conjecture and we think it can do this kind of thing.
One thing we don't do very well in this industry, maybe as human beings, is we don't share very well. We try to differentiate ourselves by bringing forward this super cool thing that I built. Well, okay. Well, teach me how to do it. We'll be a better stronger team.
That's it. That's right. You know, Stephen, you said a couple of words before that some people who are listening to the show, they will just say, oh, yeah. I know what he's talking about and just move on. But before I ask you my question, I'm hoping you can define two words for me.
One of them was multimodal, and the other one is we've said it a couple times. We've said agentic. And the reason why is because I find, Stephen, that the best way to create a shift in how people operate is to take highly complex topics and break it down to be very simple. Right? Something actually we do with Gen AI. We you know, I was explaining to you, I'm a first grader. Can you explain to me, like, I'm a first grader, multimodal, and agentic, then I'm gonna ask you my question.
Well, little Daniel.
Essentially, multimodal, in my layman's terms of it, is the ability to process multiple languages as well as the ability to handle multimedia. So you're able to handle images, videos, and be able to gather and or capture information related to those types of objects as opposed to the early stage LLMs were focused just on text.
Agentic, this is an interesting phrase that's really we love a good hype, and I think the entire investment industry loves a good hype too.
And what we've come to understand is it's basically looking at and each platform kind of defines it differently in structure and how they kind of deploy it. So Microsoft three six five or Copilot might have a different approach in how they tackle this versus what OpenAI does.
But in essence, it's basically creating many program tracks that ultimately may work or interact with each other. And the concept being that it would automate tasks and or workflows for you and or possibly make decisions. But this is where it gets really gray about how much do you let it loose and what kind of governance do you have on top of that. So I think that's a big part of the conversation that's happening right now, like letting it do something so it handles itself as an agent and it's doing decisions that normally a human would do, there's some fear without any type of oversight.
And the thing that I think most people are worried about is if, one, the people that are not as governed and don't really care about impact downstream are gonna create some really cool authentic tools that do all kinds of really cool stuff, but your data is probably getting leaked and or there there's are some compromises that are probably happening downstream because they're just not worried about that.
We, on the other hand, are hyper worried about that. So much so that I don't know if you're familiar that some of these standards that are starting to come out, so like ISO forty two thousand one, I just got an honorary certificate, so I've I've passed the first level on that. And we're pursuing that full certification in line with our other ISO offerings. So I think the NIST has a framework also. But this is a space that's starting to really evolve, especially considering how fast the environments are moving and developing themselves. So it's so important that you have a framework in which you deploy it, you test it, you continue to put controls around it, you make sure there's a strong security architecture that all kind of make sure that the safe places that you built today continue to be safe places.
I have to ask you the philosophical question that we've been asking, I think, since as a community, really.
You know, even before we started to do predictive coding in TAR, you know, we had keyword filtering. We were always trying to winnow down datasets, and we're always trying to get to the marrow of specific artifacts that would help us tell a story, create a case, defend some subject.
And now we have this heightened level of filtering analysis, like, just in a very simple way. We have the ability to identify higher value data faster at a much broader scale across far different data landscapes that we used to think about email and documents. And now we think about the fifty, sixty, seventy datasets that could potentially become responsive.
Are you seeing in the way that your firm is practicing, are you seeing an extension of real desire to understand a full storytelling around different types of sources, unstructured, structured, cloud based environments, social? Or are there a lot of lawyers that you work with that are still, like, just get me the email?
Going across multiple sources and dealing with how you know the process of getting to those sources in the first place is still, this argument task. In the end, all parties wanna know everything as soon as possible that's wrong or, you know, where the high risk data is or information is so they can start making decisions. Right? I think everybody in the room wants to have that information. Getting to the information as you kind of just described is a matter of effort and time and what do you have access to.
Ultimately, if you can create an environment where they can get access to that information that much faster, I think this is where a lot of tools are trying to get as far left as they possibly can, you know, in the EDRM where the information lives in state to be able to get to that information so they can make the business decisions they need to make.
But we all know that the lit support process is about making sure that you do it in a way that's defensible, it can be used as actual evidence, and the evidence itself is accurate. So those are all things that have to be controls in place to make sure that they can make the decision on the thing that you're ultimately telling them is fact.
I love where this is going. Eric brought up some interesting thoughts here as well about what we have done in the last, you know, let's say, thirty years. We went from photocopies to we can scan them from scanning them. You know, we could load them into a software program, and holy cow, we could use keyword searching to find it because we made them, you know, images readable, something called optical character recognition as everyone knows called OCR.
Right? That was amazing. Right? And here we are then over a decade ago, we thought we revolutionized the industry.
Every vendor had a separate version of either you wanna call it predictive coding, computer system review, technology system review.
Now we're at this point where it's just like it's what you were saying before, Stephen. I love this. Is that we have to have controls in place. You have that framework. But GenAI, for sure, one hundred percent is fundamentally changing how we do things.
And it's like the locomotive is gone. It's so far past the station.
And this is so different than keyword searching. It's so different than TAR, etcetera. Here's my question.
Having spent so many decades doing this, you have seen every trend that's out there, and frankly, you've seen every vendor pitch, right, that's been out there as well. What's the one fundamental truth about the discovery process that you have seen that you refuse to let AI change?
I insist, just even for myself, to make sure that I have an understanding of what it is that is happening and how the tool is providing value. And I wanna see how things are kind of how it's making the sausage a little bit. Right? And so maybe some point in the future, you know, just like air, we're just so reliant on it just kinda works the way it works every day, you know?
But as of right now, I still need to better understand how is the framework of the value that you're outputting to me, how did it generate that, and try to do that in such a way that I'm not fully exposing the vendor or the solution provider's IP, but in the end that that I have a I can explain when it misses it for whatever reason.
I think that's what we spent the lifetime trying, you know, make sure we build solid processes around so that when we're outputting our final set of productions or final set of data, we can stand behind it and say, this is everything. This is everything that we've said we were gonna do and got processes and logs to support it. I think one of the things that we all need to be aware of right now is when you're going the prompt approach, you're not getting all the data. You're getting a summary of what it considers to be the most relevant data. And so there are use cases where that's important.
But in the end, if you need to do a fulsome report, you need to make sure you're architecting your solutions such that they output all the variables that are in the data source that you're extracting from. So that's where you're gonna still use traditional tools that you already have in place, including old school machine learning techniques. Just some of the things that, you know, I try to look for and always keep that human in the loop.
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You know, the garden variety corporate employee has not really started to use the social media platforms that we often struggle with from an integrity and, you know, actual accuracy component, they haven't really started to use those platforms yet to influence the way in which things work. For example, you don't just see Daniel going up on a platform and, you know, like, saying something about how the company is functioning, but you also don't see people spoofing and creating deep fakes around that. So, for example, if I was a bad actor and I wanted to create some noise over another area and I said, hey. Look. There's a lot of problems over here. And I created a social media post and shared it with a few people and they acted against, but it was totally fake. It was fabricated.
We haven't really come across that too much at this point. What I'm really curious to understand is social media is kind of ahead of us, right, when it comes to discovery and litigation for the most part in the old kind of way of working.
But are you fearful of trying to understand if the data that you're looking at or the data that you're processing is actually real? Like, how trustworthy are you?
Maybe how skeptical of you are when you're dealing with things like social media or data platforms that are not really common? Or do you have a level of scrutiny or a process in which you say that might be a deep fake or those images were fabricated or that document is clearly fake? Like, how are you gonna navigate that?
Yeah. I mean, that's definitely a burgeoning. Like, solutions are coming to the market to do some level of forensic analysis. And then there's forensics professionals out there that have some tools to be able to do that, but that's an emerging market, quite frankly.
There was one tool that I looked outside the spectrum a bit of just let's porter in the legal tech space, And if you look at, like, data privacy slash protection services types of platforms that do basically individual brand protection, things of that nature, they have some tech that's really kind of next level that's there's one solution, I think, it's called Clarity that I was looking at. That's all the space they're in. They secure high wealth individuals and their content, and their ability to say, okay, that person can authenticate any commissioning of, you know, checks they're asking to be submitted or values that they're asking to be submitted through this authenticated type of process.
So somebody can't just spoof them, simulate that, which that you know, we heard about that case, I think, last year where somebody, you know, passed off a check or something or commissioned some type of massive distribution through a spoofing attempt. So I think that's something that's coming along. We haven't had a high volume of that type of data, to be honest with you, that had bring it to question. I think ultimately the process would probably be is whittle it down to those five or six that and we need to better understand and authenticate that they're actually real, and then send them to an expert to at least do some level of analysis to authenticate their actual forensically sound.
It's interesting you bring that up. There was an experiment that we had done internally to test out this was maybe a year and a half ago. To test out the ability for GenAI to generate these fake images. And what we did was is that we created crinkled I'm using air quotes for those obviously who can't see me. Crinkled receipts from a cafe with the last four digits of my Amex card.
So interesting that it created what could potentially be passed over as just being authentic evidence. And how do you validate something like that? And, you know, it's subject to having, you know, the lack of metadata because if you take a picture of a crumpled up receipt, it's probably generated from your phone, and your phone's got the all the metadata. Right?
Very interesting as to where that is gonna go. Let me let me ask you a question about, you know, when you're looking internally inside the four walls of your firm and you are looking at everybody's desire, whether it's a large desire or small desire to leverage some sort of AI, how do you control the ones that are like, yes. I am all in. Give me all the tools, every single tool that's out there.
How do you control that? Because that is also a dangerous view as well. Just like you're saying before, it's like, well, I know I'm not gonna put client data in there, but gonna put literally everything else into all of these other black boxes that are out there. How do you control that within a law firm?
Well, we do have a policy, and there's a framework for which you are able to use AI and sanctioned, basically, AI products that permissible.
Using other ones, you're using it at your own risk if you somehow take the data out. But, you know, those are things that are just completely discouraged. You have to use things within the framework of our security environment. So that's just discouraged altogether. I think what we're trying to do is promote people to come up with the ideas and figure out ways to try those ideas within the safety.
That's where I'm going to with the question.
Yeah.
How do you create that safe environment where you're not hindering innovation, you're not hindering great ideas from happening? Yeah. But at the same time, there are these frameworks, there are controls in place, and we do have to follow policies.
Think it's continuing similar to what you do with data privacy and some of the other types of frameworks you're trying to help people protect themselves from themselves. You say, here's the places where you can play, and this is how you can play with them.
We do have rules that are given to us by our clients about the use of AI, so we make that very transparent and we say, there's some no no's and there's some ways that you can use it, but ultimately, let's talk about what you wanna do with your ideas. I think it goes back to our earlier conversation too about silos that can exist. And if somebody's creating a lot of really cool or learning at least, the very least learning about what doesn't work, that should be shared. So we try to create workspaces. I know our team, the EDLS team, is one primary workspace where we're just looking at ways that we transparently are utilizing the tools to make life a little easier. I think one thing that's been interesting, and I'll put this as part of the conversation point, is we're getting a lot of direct questions from clients saying, how are you using AI?
So let's talk about using AI. And now it's very proactive of we need to know that you have a program in place where you're at least fostering a culture of trying some things out in AI. Now, the thing that's next in line in that question in the line of reasoning is, can you quantify the value? It was really easy to do that with, like, TAR because we have, you know, tens of years of data and thousands of projects where we measured TAR.
And we measured, you know, how fast we got through projects doing just manual review, let alone all the iterations of TAR. So we kinda came to the table some rich data there. But you try to do that with, like, DTEs and value propositions within the legal work, the lawyers' advisory services, that becomes a different quantification. So those are things that we're we're chipping at.
I'm curious, are you guys seeing the capability to quantify that? Are you just kind of starting organically? How's that playing out for you?
I'll go first because it is a great question and we're I think we're at this precipice of talking about what AI is gonna do to the billable hour, but I don't think that's really the right question. That's not the only question. I think I think a better question is what is AI gonna do to the ability to provide more diversified dimensional output? Like, what are we gonna be able to do when we incorporate the other fifty different data layers and types and strategies and alternative ways of thinking and solutioning?
What's that gonna do to the value? So what we can't quantify, and I think it will be extremely hard to quantify, is how good was this language model and helping me to deliver the highest valuable outcome. And the only way that I have been able to do that with Daniel's, you know, real leadership is that we are at a point where we have to be prompt experts. Like, we have to be able to interrogate way differently than we to interrogate.
And it's not just compound queries. It's dimensional queries. Like, I'm this type of expert, and so are you. I come from this background.
I have to be able to provide not what I want from the outcome, but all of the inputs in which I can let these models build probable outcome because I don't have any clue on what those outcomes could be. And I think the more that we learn about how to shape and mold models, the more that we're gonna start to say, like, I just really better be good at asking the question and asking the question in a very dimensional way and not leading the witness because let's face it, like, these are not dimensional things.
It's good response. Yeah.
So let's talk about that for a second, though, because I do find it very interesting. The one thing that lawyers do there's many things. The one thing that lawyers do extremely well is they the very, very good lawyers ask very good questions. They're tough questions.
And if we can interrogate a witness or we can, you know, ask somebody involved in a matter of really great question that's gonna lead us to the next phase, we could do the same thing with AI. Right? And I wanna ask you about this because for Eric and for myself, we treat AI as a thinking partner. We treat it as a junior associate.
And we've talked about this a couple times on the show, but I really wanna get your perspective, especially where you sit and where you sit. Right? Because I think you're that perspective is so important. I will tell you that for Eric and myself and for others that we work with that use AI every day, we utilize it not as, like, as a search engine query.
Right? But rather, you know, it's like, tell me what I'm not thinking about. Challenge my assumptions on this. Like, I wanna figure out the negatives here.
And not in a bad way, but, like, what am I not thinking about? And what's so fascinating about when you approach it in this fashion, you are entering the world of what is possible.
There's a great book that's out there that I encourage others to read as well called Art of the Possible. And for me, AI is the art of the possible because it's the best sounding board that I've got because I've got somebody who's gonna, you know, have a, you know, radical candor with me. And I can feel like, you know, there's that concept of psychological safety. Right?
There's that as well. It sounds funny when you're talking about an AI, but it's true. So I think that I ask better questions. I think Eric asks better questions of humans as a result of us having to be forced into a mode in which we are substantially more thorough in our prompting.
Substantially more thorough.
That's very interesting.
I like that. Tell me why. Tell me why. What is the objective here and what is the deliverable? It's what every attorney should be asking a junior attorney. Right?
Correct. And I think they know how to just from the Socratic method and how they've been taught in law schools, that is a method that do come out. I think, kind of thinking in that framework, I agree with you a hundred percent that it has improved my communication styles and the precision in which I'm asking these questions so that I know that I'm, you know, more accurately framing what I'm asking for. I think, and I completely agree with you that this kind of iterative train of thought that you kind of start with this initial prompt that's kind of framing things out with some context, right, of this is what you're looking for.
And then I think the best thing that the models have really starting to master is their follow-up suggestions and questions.
That's life to me. That's the deal breaker because ultimately, if it continues to accrue, I know Stephen continues to kind of look at this from this perspective, so I'm gonna keep on feeding him because I know where he's going.
That's all our short learning curve with our communication style with any other team member, right? It's you go to that third year associate you've always worked with, you've done projects with them for on this particular subject matter, you don't need to teach them about everything else. You can literally say, this is what we did with the last project, remember? It's kinda like this, but I want you to give me more of that same, but throw on these three other variables.
They come back and they say, alright, cool. This is what you did before. This is how the things work. And you take that collective knowledge that the models continue to kind of bring into and retrain on, that just empowers you that much more to be able to drawing in your ability to navigate through information, be able to tell that story, be able to tell a story for different types of people.
I really love framing it to I did one where I said, you know, put me as a McKinsey analyst and do this full breakdown. I asked for this particular use case, looking at a pretty strong kind of comprehensive market analysis. Then I said, break it down like I was a twelfth grader in school. And then it just really super simplified it.
I kind of went in between there and iterated, and my ability to output those things, it just makes it that much faster. And I know you've both had these experiences with how you've kind of helped with your consulting and managing your day to day, either internal or external projects.
It's interesting. You were speaking to David Cowen a while ago about AI's ability to memorialize.
I think we all are in a moment right now where history is highly suspect and subject to interpretation. Right? It's very much about, well, whose book are you reading?
Whose hymn are you singing from?
How do you think the memorialization capabilities of with AI are going to maybe help document and understand history, not just in our little space, but history in general? And I guess the bigger, like, meta question is, how are we gonna actually think about using AI to do that? And will there be a de facto source? Like, where there'll be a place where people go and said, oh, that's the AI that generated the history of, you know, Pittsburgh in two thousand twenty five.
Or actually, no. There's a different AI that tells a different story. I think when I listened to that, it struck me like, well, whose newspaper you're reading? Whose journey you believe in?
I was really struck by that because we now have this uber accelerant, right, in AI to tell massive amounts of cool stuff, stories to us.
But what's part of the model that you're using to tell the story? I just wanna talk to you about that because it's been in my craw for a while.
So in referring to the account, I think you're what you're talking about is of just building out a model that basically kind of records the things that I version of the And it is absolutely, I would have a disclaimer on it, and it'd be more for my great great great great great great grandchildren. And so, you know, because I've done the opposite. Right? I've gone upstream, and I cap out at a certain point. Right? I think I can go back two hundred years.
But theoretically, since the information age, right, we have the capacity in you know, we're not burning down libraries anymore and entire genealogies disappearing like in parts of other foreign countries. We tend to retain information. If anything, that's the toxic waste of our time.
Your question is right of which is the accurate information or the accurate version of the information. I'm trying to make sure it's a private place where I'm capturing it so that ultimately I can somehow IP it or lock it in and say, this is what Stephen was thinking and how he kind of viewed the world and or states the facts about himself, right? So if somebody said something different that, you know, I didn't go to college or I didn't, then it's like, no, the fact support it because I have, you know, I have the college degree, the college has my degree.
So those are the things that, you know, ultimately my goal with it was to say the great grandchildren could have some point of reference because I'll never have that point of reference for my great great grandfather.
And what will that enable for the human race, honestly, to learn from experiences? Because I'd hope I'm a big fan of just share the information.
That's the important part of our human evolution. So if whatever I can do to contribute to that, say, I think there's something here to be learned, that's my little piece to give back, I guess. You know, hopefully, it's people benefit. If people wanna control information and say, I wanna spin it towards a particular agenda that supports something that I believe in.
Stephen, you had that Eric was just referencing, you had done this interview with David Cowen on his podcast. And for those who haven't seen it, it was called walking together into the AI future, and it was recorded live at Iltacon of this past year twenty twenty five.
And you had a really sweet moment in there, if I might say. And I kinda wanna close with this because I've really enjoyed this conversation. And and that moment was memorializing your uncle, I believe, that had passed away. And you created this AI based video to memorialize your uncle. And everyone thought it was incredible, and it just took a couple of, you know, clicks from you, so to speak, to be able to make that.
It brings it back to the human level. Tech is just tech. Right? It just it is.
And what you did in making that video, I think, really displayed that the fact that what we cannot forget is what makes us really human, is what makes us truly powerful.
And that was a very powerful moment that you had on David Cowen's podcast. And I wanna wanna actually thank you for putting that out there because I just think that that was so wonderful. And I think it's wonderful for others to hear. So if you have any closing words, Stephen, but I can tell you, it was really great having you on the show here today. This has been a great conversation. It's one of those that I feel like we could probably do it for two hours.
But thank you for being on the show with us.
Absolutely. Really appreciate you guys. I know both of you. So you're solid people and ultimately, I'm glad to be a friend to the cast. You know, just keep the conversation going and we're all learning together.
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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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Daniel Gold writes weekly on leadership, legal technology and eDiscovery.
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