Technology, eDiscovery, and the Future of DEI in the Legal Profession

By Terri R. Walters, ACP

As the legal industry accelerates into an era defined by artificial intelligence, virtual courtrooms, and increasingly complex data ecosystems, the conversation about technology can no longer be separated from the conversation about diversity, equity, and inclusion (DEI). The tools we adopt, the workflows we design, and the policies we implement all shape who can meaningfully participate in the legal system—both as professionals and as clients.

In its upcoming NALA Talks DEI Microlearning series, NALA’s Diversity, Equity, & Inclusion Committee will discuss technology with Michael Quartararo, President of the Association of Certified E-Discovery Specialists (ACEDS); Sheila Grela, ACP, CEDS, senior paralegal at Buchalter; Michael Harris, Esq., Brightline Counsel’s Chief Revenue Officer; and June Hunter, a Technical Enablement Lead for DISCO, a legal software company. The panel will endeavor to embark on a discussion to reveal a deeper narrative: technology is not just transforming legal practice. It is redefining access, opportunity, and fairness. When viewed through a DEI lens, the evolution of legal tech becomes a story about who benefits, who is left behind, and how the profession can build a more inclusive future.

Technology as a Gateway to Access and Equity

At its core, eDiscovery is about managing, collecting, reviewing, and producing information and ensuring it remains intact. But access to information is also a DEI issue. Organizations with fewer resources often struggle with the early stages of discovery, where technological gaps can widen inequities between large firms and smaller practices or between well-funded litigants and those with limited means.

Advances in automation, cloud-based review platforms, and user-friendly interfaces have the potential to level the playing field. When technology reduces cost and complexity, it expands access to justice. But when tools are expensive, opaque, or require specialized expertise, they can reinforce existing disparities. The challenge for the profession is to ensure that innovation does not outpace inclusion.

Remote Proceedings and the New Geography of Inclusion

The shift toward remote and hybrid court appearances—accelerated by the pandemic and now embedded in the “new normal”—has profound DEI implications.

Benefits

  • Clients with disabilities face fewer physical barriers.
  • Rural litigants avoid long travel times.
  • Working parents gain flexibility.
  • Small firms can appear in distant jurisdictions without prohibitive costs.

 
Risks

  • Not all clients or practitioners have reliable broadband.
  • Digital literacy varies widely.
  • Virtual hearings can unintentionally favor those with better equipment or quieter environments.

 
Technology has expanded access, but it has also introduced new forms of inequity. Courts and law firms must continue refining policies to ensure virtual participation is not just available, but equitable.

AI Adoption: Opportunity Meets Responsibility

AI is reshaping legal workflows—from document review to research to drafting. But its impact on DEI is complex.

Where AI Supports Inclusion

  • Reduces repetitive tasks, freeing time for strategic work.
  • Helps smaller firms compete with larger ones.
  • Provides language translation, accessibility features, and real-time transcription.
  • Identifies patterns of bias in large datasets.

 
Where AI Jeopardizes Equity

  • Algorithms can replicate or amplify historical bias.
  • Lack of transparency makes it difficult to challenge unfair outcomes.
  • Overreliance on AI may hinder those without access to advanced tools.

 
Courts are beginning to require disclosure of AI usage in filings—a step toward transparency that also protects litigants from unseen algorithmic influence. Ethical obligations around accuracy, confidentiality, and client consent become even more critical when AI is involved.

The DEI Impact of Market Consolidation and Tech Failures

The panel will touch upon eDiscovery providers that have collapsed or exited the market. When platforms disappear, the consequences are not evenly distributed.

  • Small firms may lose affordable tools.
  • Resource-constrained legal departments may face sudden gaps in workflow.
  • Clients with limited budgets may be forced into more expensive solutions.

 
Market instability disproportionately affects those already operating with fewer resources. Sustainable, transparent, and interoperable technology ecosystems are essential for maintaining equity across the profession.

Cybersecurity, MFA, and the Balance Between Security and Accessibility

Multifactor authentication (MFA) is now standard across PACER, e-filing systems, and most legal platforms. While essential for security, MFA can create friction for users with disabilities, limited device access, or inconsistent connectivity.

The DEI challenge is designing secure systems that do not inadvertently exclude:

  • People who rely on shared devices.
  • Users with visual or motor impairments.
  • Practitioners in low-bandwidth environments.

 
Security and accessibility must evolve together.

Cost Trends and the Equity Gap

Technology fees have long been a barrier for small and mid-sized firms. As tools become more sophisticated, the risk is that innovation becomes a luxury. But the opposite trend is also emerging, as cloud-based platforms and AI-driven automation are driving down costs in some areas.

The question is not simply whether technology is becoming cheaper. It is whether it is becoming equitably accessible.

Paralegals and Support Staff: The Front Line of Inclusive Innovation

Paralegals are often the most hands-on users of eDiscovery and legal tech tools. Their adoption of AI and automation is essential for the profession’s overall readiness.

DEI Opportunities

  • Technology can elevate support roles, enabling career advancement.
  • AI can reduce administrative burdens that disproportionately fall on junior or underrepresented staff.
  • Upskilling programs can standardize access to high-value technical expertise.

 
DEI Challenges

  • Stigma or fear around AI may discourage adoption.
  • Lack of training can widen skill gaps.
  • Unequal access to professional development reinforces existing hierarchies.

 
Investing in training, mentorship, and inclusive technology design ensures that innovation benefits the entire legal workforce.

Building a More Inclusive Legal Tech Future

Technology is neither inherently equitable nor inequitable. Its impact depends on how it is designed, implemented, and governed. To ensure that innovation supports DEI rather than undermining it, the legal profession must:

  • Prioritize accessibility in all technology decisions.
  • Demand transparency from AI vendors.
  • Invest in training for all staff.
  • Advocate for court policies that support equitable virtual participation.
  • Evaluate technology not only for efficiency, but for its impact on fairness and inclusion.

 
The future of legal technology is being written now. By centering DEI in every conversation—from eDiscovery workflows to AI ethics—the profession can build a legal system that is more efficient and more just.

This article was created by using Copilot, an AI program, and a host of questions and prompts to reach my goal.

This article was submitted by NALA’s Diversity, Equity, & Inclusion (DEI) Committee.

Terri Rasay Walters, CCP, ACP, is a California Certified Paralegal through the California Alliance of Paralegal Associations (CAPA) and an Advanced Certified Paralegal through NALA. She has served on the Board of Directors for the Los Angeles Paralegal Association (LAPA) in many capacities, including as Advisor. She is a Court Appointed Special Advocate (CASA) for Children’s Court in LA and currently works as the Paralegal Co-Lead for Musick Peeler & Garrett LLP. She is NALA’s DEI Committee Chair. Her parents are naturalized citizens and were both born in Trinidad in the West Indies.

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