In this companion Field Note to Episode 008, Ron walks through the practical steps lawyers can take to implement the emerging AI discovery standards discussed in Jeffries v. Harsco. He breaks the process into a simple three-legged stool: choosing the right vendor, properly configuring the tool, and handling the lawyer-side workflow and documentation needed to make AI use in discovery more defensible.

In Episode 008, I talked about the emerging legal standard for using AI in discovery and why lawyers need more certainty in this area. In this Field Note, I focus on the practical question:

How do you actually implement it?

The answer, in my view, is a simple framework:

To use AI in discovery in a way that is more defensible, you need all three of these in place:

1) The Vendor Leg

Start with the right environment. In practice, that usually means an enterprise-level AI tool — one that operates in a closed system, does not train on client data, provides a secure environment, allows deletion, and gives you a way to define who has access. 

2) The IT / Configuration Leg

Buying the right tool is not enough. You also need to configure it correctly. In this Field Note, I explain a practical workflow for doing that:

• upload the protocol,
• have the tool or your IT consultant walk you through the settings,
• configure the tool,
• take screenshots,
• and preserve proof of configuration. 

3) The Lawyer Leg

This is where the legal workflow becomes defensible. I walk through the downloadable documents that can help lawyers operationalize the standard:

• a proposed form of order
• a notice of intent to use AI in discovery
• the protocol itself
• and a log template for documenting AI use in the workflow. 

• Why the vendor leg is probably the easiest part of the stool to satisfy
• Why lawyers should not get paralyzed about choosing the “perfect” AI tool
• How to use the settings / configuration process to create a more defensible AI environment
• Why preserving screenshots, DPAs, and configuration emails matters
• How the lawyer-side deliverables can help you build a cleaner, more defensible workflow
• Why this issue is likely to become a normal part of law practice sooner than many lawyers think 

The downloadable materials discussed in this Field Note are available here:

https://lawyeraitoolkit.com/deliverables

That page currently includes:

• AI Discovery Protocol
• Notice of Intent to Use AI in Discovery
• Proposed Rule 26(f) / Order Language
• AI Discovery Log Template

You do not need perfection. But you do need all three legs of the stool.

If you have:

• the right tool
• the right configuration
• and the right lawyer-side documentation

…then you are in a much stronger position to explain and defend your use of AI in discovery. 

If you know a lawyer who is:

• experimenting with AI,
• using it informally,
• or avoiding it because they don’t trust it yet,

send them Episode 008, this Field Note, and the Deliverables page.

Because this is exactly the kind of issue where certainty matters.