Nov. 5, 2025 – Discovery is the cornerstone of litigation. For Wisconsin lawyers, mastering it is essential – whether you're preparing for trial, negotiating a settlement, or simply trying to understand the strengths and weaknesses of a case. Strong discovery tools, and knowing how to use them, can make all the difference.
Wis. Stat. chapter 804 of the Wisconsin Rules of Civil Procedure addresses formal discovery methods, including interrogatories (section 804.08), depositions (sections 804.02, 04-07), and requests for admission (section 804.11) and production (section 804.09). The verification process for these forms of discovery often takes many hours of meticulous examination and expertise. But with new tools coming to the market, this painstaking process can be eased.
Now, AI is entering the legal mainstream and discovery is evolving. AI tools offer powerful ways to streamline document review, help uncover patterns in data, and improve strategic decision-making.
But using them effectively – and ethically – requires expertise and technological fluency.
AI: A New World for Discovery
AI tools are transforming how lawyers approach discovery. From document review to legal research, AI can be automated and enhanced to assist with many aspects of the process:
Document review: AI can sift through thousands of pages of electronically stored information (ESI), flagging relevant documents and identifying privileged content.
Predictive coding: Machine learning algorithms can be trained to recognize patterns in data, helping lawyers prioritize documents for review.
Legal research: Platforms like Vincent AI (vLex Fastcase), CoCounsel (Thomson Reuters), and Lexis+ AI assist in identifying relevant case law and statutes tied to discovery disputes.
Drafting responses: Tools like Briefpoint can generate responses to interrogatories and requests for production, saving hours of manual work.
These capabilities allow lawyers to focus on strategy and client advocacy, rather than administrative tasks.
AI Tools for Legal Discovery
Briefpoint: Specializes in automating the drafting of discovery response and request documents, integrating with other practice management software.
CoCounsel Legal from Thomson Reuters: A comprehensive platform that uses generative and agentic AI for research, document analysis, and drafting, with a focus on accuracy and verifiable citations.
CS Disco: A cloud-based e-discovery platform with features for large-scale data management, case building, and automated processes.
Everlaw: An e-discovery platform that combines AI with real-time collaboration for tasks like document review and early case assessment.
Harvey AI: A broad legal AI platform that generates insights, recommendations, and predictions based on data, though not exclusively focused on discovery.
Logikcull: An e-discovery platform that assists with automated document review, e-discovery, and organization, with integrations into other software like Clio.
Lexis+ AI: Uses natural language processing (NLP) and machine learning for legal research, providing case summaries, citations, and conversational search capabilities.
Relativity: An e-discovery platform designed to manage complex legal matters, including first-pass review and privilege review with AI assistance.
This list of available tools is not exhaustive – in fact, new tools are coming to the market at an alarming speed. Finding the right tools for your toolset may take some time. Once you have found what is right for you, the time needed for discovery can be drastically reduced.
Ethical Considerations with AI
AI is not a substitute for legal judgment, nor is AI all created equal. It may be tempting to run a document through a “lesser” AI tool such as ChatGPT, Copilot, or Gemini, but using those tools would be a mistake: they are created for a more general purpose and will not provide as much expertise as a tool engineered for legal work.
Scott Park is the digital collections and reference librarian for the U.W. Law School Library. He manages the school’s digital repository, helping preserve the school’s unique history and highlighting the scholarly work of its faculty.
But more importantly, those tools are not secure and, therefore, absent the informed consent of the client, confidential client data should not be entered into them.
The Rules of Professional Conduct require lawyers to understand the benefits and risks of technology used in their practice. That includes:
Confidentiality: Ensure AI tools comply with data protection standards, such as SOC 2 certification and role-based access controls.
Competence: Lawyers must be able to explain how AI tools work and verify their outputs.
Oversight: AI-generated documents should be reviewed and edited by attorneys before submission.
The State Bar of Wisconsin’s Ethics and Practice411™ programs offer guidance on ethical tech use, including continuing legal education (CLE) programs and consultations for solo and small firm practitioners.
Final Thoughts: Discovery as a Strategic Advantage
Discovery isn’t just about gathering facts – it is about shaping the narrative of your case. By mastering traditional methods and embracing AI thoughtfully, Wisconsin lawyers can enhance their discovery skills, improve client outcomes, and stay competitive in a rapidly evolving legal landscape.
The State Bar also offers a range of tools to help attorneys sharpen their discovery skills and responsibly adopt AI:
Need Help? Ask a Law Librarian
Have questions about using AI for discovery? Don’t hesitate to reach out to a friendly law librarian – we’re experts at navigating the ins and outs of legal research and are happy to help! You can find law librarians ready to assist you at these Wisconsin libraries:
