Perspectives and Predictions

Reviewing 2024, forecasting 2025

As the year kicked off, we asked a selection of commentators, both internal and external to Consilio and LOD, a few questions about how last year progressed and what is in store for the year ahead. Here, we’ve collated and summarized their answers to give you a collective view on the key learnings from 2024 and what should inform your approach to 2025.

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Q1: Thinking about Generative AI, how would you describe the shift the legal industry experienced from the start of 2024 to the end of 2024?

From concept to the beginnings of capability

During 2024, we saw the legal industry move from a theoretical assumption that Generative AI could affect mass transformation to the initial materialization of practical, value-driven use cases. Full-scale AI adoption is tentative – our recent global survey of legal services professionals showed that, whilst 46% believe that AI will shape the future of the industry and experimentation is growing, only 7% are using AI in substantial production. These early adopters led the move from concept to the beginnings of capability.

Solving traditional, human-led business problems provided the momentum, and the desired scope for AI solutions has also moved from expansive asks such as saving money or finding efficiencies to narrower requirements.

Reducing volume, retaining accuracy, and minimizing risk in Document Review was one of the more prominent use cases for the application of Generative AI in eDiscovery. Consilio’s approach of using seasoned AI subject matter experts, extensively trained in AI prompting and validation, to guide the AI has driven some of the best Generative AI-enabled document review precision and recall in the industry. Other areas that saw focus were document and email drafting, contract redlining, and contract summarization. As the year ended, a new potential use case appearing in elementary discussions was that of streamlined Early Case Assessment through enhanced data visibility and risk detection.

We saw the AI front runners begin to integrate the technology into how they conceived, constructed, delivered, and measured real-world use cases. For the hesitant, the proof they are seeking for validating AI use is showing signs of surfacing.

Although adoption is still in its infancy, there were indications of saturation with certain use cases (for example, drafting copilots) with multiple AI solutions coming to market with cookie cutter features. If this pattern continues in 2025, vendors will need to find new ways to differentiate, and legal organizations will be faced with thornier, slower decision-making processes.  

Coming into 2024 there was an assumption that AI was posed to transform everything we do…. there’s a shift in thinking about where those capabilities can be best utilized. – Forensic Examiner, Consilio

A shift throughout the year from ‘What on earth should I be doing?’ to thinking more strategically about actual use cases which will deliver ROI. – Jonny Badrock, Senior Vice President, Advisory, Consilio

We started to understand what the tech REALLY could do and what it could not. We watched how the tech evolved – more refinement, new efficiencies – we identified our use cases and developed some metrics. The jagged edge got a little smoother – Terri Mottershead, Executive Director, Centre for Legal Innovation

A strategic instrument

Last year, we witnessed the early adopters of AI in law firms and in-house legal teams deepen their understanding of how to leverage it as a strategic instrument. They displayed elevated confidence, certainty, and sophistication when considering AI as a lever for achieving critical business outcomes. This signals that, for those who have adopted AI, it is not seen as a side effort, but a key part of strategy. This displayed itself in a number of ways.

1. Building KPIs and ROI targets for AI into business strategy from the outset.
2. Being upfront about how AI will be used to deliver legal services. This included defining roles, responsibilities, and risks, as well as setting key contractual terms that determined the allowance or disallowance of AI and its associated data.
3. Separating AI cost centers so that they can be dipped into to support budget limitations in other areas.

A more thorough emergence of a requirement for business strategies and KPIs, for GCs and Legal Leaders to include AI as a key component of their strategy. – Jonny Badrock, Senior Vice President, Advisory, Consilio

I was recently tasked to come up with an AI solution as human headcount would hit the legal department budget. An AI solution would come out of an alternative cost center which was attractive to the organization. – Eric Miller, Managing Director, Global Advisory Sales, Consilio

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Q2: Outside of AI, what do you anticipate being the biggest trends in eDiscovery in 2025?

Regulatory roundabouts

With the change in US political leadership and the less vigorous regulatory outlook that will accompany it, eDiscovery in 2025 can expect a changed landscape. Whilst antitrust pursual of Big Tech and Healthcare is perceived to remain, a less aggressive agenda will lead to an abundance of merger activity, resulting in a heavier focus on initial filing and second request work. Projections of dramatic increases in the work required for initial filings to meet premerger requirements as part of the Hart-Scott-Rodino Act will extend this significantly.

The appointment of the new AI and Crypto Czar signals active support for these technologies and, partnered with a relaxed regulatory approach, we anticipate the advent of related finance and intellectual property matters as the new administration beds in during the year. 

The winds are changing on Crypto and blockchain related financial instruments. So perhaps we’ll see an increase in IP and finance matters as the early AI/Crypto growing pains make themselves known. – Forensic Examiner, Consilio

A modern take

We perceive that 2025 could be a time for eDiscovery practitioners to take a more focused approach to preparedness. We expect an increased desire for the use of information from external systems, so anticipate more ready use of centralized cloud solutions, and uptake of deeper integration with third party tools, technologies, and processes. We’ll see a stretching of traditional comfort zones to embrace a more modern view of eDiscovery.

It feels like the eDiscovery world is a little far behind and I see signs of this changing and changing quickly. – Trayce Marcelle, Vice President, Global Legal Technology and Business Process Subject Matter Expert, Consilio

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Q3: What do you think working in the legal profession will look like in 2025? And how will this differ from 2024?

A shifting ecosystem

During 2025, the balance between people and technology within the legal ecosystem will continue to change. The slow maturing of Generative AI adoption aside, more broadly we foresee a continuation of the upward trend of legal technology adoption. Attorneys will lean on tech to improve their operations and help them do more with less, embedding it into their workflows to streamline their processes and subsequently reduce their workloads.

But changes to the balance within the model will be evolutionary not revolutionary; 2025 won’t bring drastic shifts but smaller readjustments. Importantly, this year’s movements won’t be linear. Technology won’t simply taking a larger slice of the pie, instead we’ll see a deeper integration between legal practitioners and their tools, with the greatest impact achieved when humans expertly design, lead and optimize.  

Attorneys will do more with less and will feel more empowered by the technology. – Trayce Marcelle, Vice President, Global Legal Technology and Business Process Subject Matter Expert, Consilio

I’d like to say that 2025 is going to be the year when the model fundamentally transforms. But, I’m going say: ‘not this year.’ The incentives still point towards most legal work being purchased and delivered in a fundamentally similar way to the past, albeit with some incremental efficiency gains. – Ben White, Crafty Counsel

For activities where rising data volumes are causing an overload of work and escalating costs, such as document review and data extraction, technology will be able to play an increasingly central role in minimizing the data volume accurately, defensibly and with low risk. People will be fundamental in training and augmenting technical tools and models to extract deep value. We’ve seen the precursor to this with Guided AI Review and predict a similar approach as 2025 progresses with Early Case Assessment and improved management of data including defensible minimization and enhanced analytics.

The importance of the human hand guiding technology will extend beyond the intricacies of technical delivery. We expect 2025’s pace setters to find unique ways to position how their use of technology (for their organization and for their clients) is superior or different to others.

Those that can not only effectively utilize such tech but can pivot their value propositions, in the face of evolving client expectations and demands, will be the ones that set themselves apart, as practitioners jostle for position. Those that do not realize that such jockeying is required will start the year behind their peers. – Jerome Doraisamy, Editor, Lawyers Weekly

The ‘value’ of legal services will be redefined from ‘AI-Generated homogeneity’ i.e. what everyone with the same tech can do, to how your humanity differentiates you and your organization. – Terri Mottershead, Executive Director, Centre for Legal Innovation

This intertwining of people and technology will inevitably also bring about some tension. Whilst growing law firm salaries persistently incentivize the time and effort of lawyers, the efficiencies brought about by technologies will have to compete. Astute leaders will aim to soften these strains with new, experimental pricing and productivity standards. In doing so, they will be putting the foundations in place for a future ecosystem that is happier, profitable, and aspirational for those involved.

At a certain point, the efficiency and productivity gains are going to come into conflict with the business models of law firms whose inventory is the time and effort of their lawyers. – Jordan Furlong, Principal Law 21

The rise of legal operations

Given the growth in attention of the balance between people and technology, we foresee that the legal operations function will step into an elevated position within the legal profession. Legal ops specialists will be in high demand and competition for their services will be fierce, so wages will rise to fuel both recruitment and retention. We may see the emergence of new vendors with sole legal ops focus looking to capitalize on the needs of the market.

In a more minor way, 2025 will witness tenured legal professionals who have developed a deep interest in technology start confidently pushing for efficiencies. Those who have upskilled and educated themselves can expect their voices to be heard more willingly and will see their personal careers develop as a result.

Demand for people with digital and data skills will impact recruitment and retention. Demand for education in these skill sets will explode. – Terri Mottershead, Executive Director, Centre for Legal Innovation

The rise of the citizen developer – lawyers using tools in a low code/no code way to solve problems – my prediction is that lawyers who are confident in this will do very well. – Amber Foster, Consultant Legal Counsel, LOD

In corporate organizations, 2025 will see an acceleration of the legal function being integrated into the business. Those at the helm will progressively add value by offering strategic guidance and by leading business-focused initiatives. As multi-faceted pressures build, such as escalating costs, regulatory adjustments, and cross-border complexities, the ability to put legal at the forefront of organizational decision making will be critical.

I see Legal’s role and footprint in an organization to continue growing. Legal was traditionally the department that mitigated risk on behalf of the organization, however you now see General Counsels being elevated to Senior VP and Board roles – Eric Miller, Managing Director, Global Advisory Sales, Consilio

There will be deeper integration of legal process into wider business transformation initiatives, e.g. finance, procurement, risk initiatives and projects. – Jonny Badrock, Senior Vice President, Advisory, Consilio