AI, E-Discovery, and the Future Lawyer

Guest NotesClinton Sanko, Chattanooga office managing shareholder and Baker Donelson Firm's eDiscovery and document review officer, is a seasoned litigation trial lawyer who focuses his practice on efficient, effective and expeditious management of eDiscovery and document review. He has substantial experience in a variety of matters, including the defense of a client in two large multidistrict antitrust class actions alleging wage and compensation fixing of thousands of employees and independent contractors arising out of alleged information exchanges, benchmarking and no poach agreements.Guest LinkedInClinton Sanko | LinkedinKey Takeaways1. Clinton Sanko highlights a significant blind spot in how law firms and corporate legal departments approach e-discovery, emphasizing the need for thoughtful integration of technology to drive efficiency and value for clients.2. The distinction between keywords (often shared in discovery) and attorney prompts (considered core mental work product) is becoming increasingly important as generative AI tools are used in legal practice.3. The legal profession must address new challenges in discovery protocols, particularly regarding whether AI-generated prompts used to identify responsive documents should be considered discoverable.4. For new lawyers, engaging directly with AI tools—while respecting confidentiality—is essential for developing future-ready skills, including using AI as a career coach and benchmarking AI-generated work against respected legal professionals.