Litigation firms, disputes teams and e-discovery providers
Sell case files to AI: whose confidence the file holds
A closed matter's pleadings, productions and witness statements are information relating to the representation of a client, and the duty of confidence outlives the matter. Mercor's Law Firm listing asks for the client's consent or documents that can be fully anonymised. We read 10 documents from 10 e-discovery and litigation platforms up to 2026-10-29, and the conduct rules, so a firm can see what is its own.
Source: Litigation support software data terms: every row, with its source
Describe the firm's closed matters
4 stepsHow it works
Say which material you mean, where it is held, and what clients have released.
We read that against the confidentiality rules and the platforms' clauses on our boards.
You get a written reply about what the firm itself could offer, and the decision stays with you.
No review platform, legal AI vendor or data buyer pays to be listed here, and no link pays us a commission. Every answer is our reading of a published document or rule and is not legal advice on a firm's own clients, privilege or engagement terms. How we are paid: if a firm licenses its own material to a buyer we introduce, our fee is 12.5% of the deal, with a minimum, where we act as its exclusive agent, or 10% with a minimum where the material joins a bundle or the pool, agreed in writing first; any fee a buyer pays us is credited to the firm. We never receive a client's file.
E-discovery and litigation platform terms on a firm's matter data
- 6 of 10 e-discovery and litigation platforms whose terms we read up to 2026-10-29 leave the matter data with the customer.(Litigation support software data terms: every row, with its source)
| Litigation platform | Who owns the matter data | Platform keeps a usage or anonymised use | Training AI on what the firm loads | Getting matter data out at the end | Source |
|---|---|---|---|---|---|
| Casepoint | the business | reserved | will not train | on request | Casepoint Standard Terms and Conditions |
| DISCO | not stated | reserved | not stated | not stated | DISCO Privacy Policy |
| Everlaw | the business | not stated | will not train | not stated | Everlaw Customer Terms of Service |
| Exterro | not stated | reserved | not stated | not stated | Exterro Privacy Notice |
| Harvey | the business | reserved | will not train | no export promised | Harvey Platform Agreement |
| LexisNexis | the business | not stated | will not train | not stated | LexisNexis General Terms and Conditions |
| Nuix | the business | excluded | not stated | not stated | Nuix End User License Agreement, effective 8 August 2025 |
| Opus 2 | not stated | reserved | not stated | on request | Opus 2 Privacy Statement |
| Reveal (Logikcull) | the business | excluded | not stated | 30 days | Logikcull Terms of Service, effective 19 September 2022 |
| Thomson Reuters (CoCounsel) | not stated | not stated | will not train | not stated | CoCounsel Legal product page |
Each vendor's own published terms were read through estate-fetch and stored whole (sha256 on every row). For every document, four questions were answered from the vendor's own words: who owns the business's data, vendor keeps aggregated or anonymised use, training AI on the business's data, export at exit. Every stated answer carries the sentence it rests on, checked against the stored text; 'not stated' means the document read does not address the question. A vendor with several documents reads 'varies' where they disagree. 10 vendors, 10 documents.
Cite: “E-discovery and litigation platform terms on a firm's matter data”, Sell Case Files to AI, https://sellcasefilestoai.com/ (updated 2026-10-29).
The questions we get
Can a law firm sell closed case files to an AI company?
Not the clients' information without the clients. ABA Model Rule 1.6 says a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent or another exception applies, and Rule 1.9 carries that protection to former clients. In England and Wales the SRA's guidance says the Codes require you to keep the affairs of current and former clients confidential unless the client consents or the law requires or permits disclosure. (Litigation support software data terms: every row, with its source)
Does anonymising a file make it the firm's to license?
It narrows the question rather than ending it. Mercor's Law Firm listing asks for client consent, or documents that can be fully anonymized, and turns away privileged material clients won't release. (Litigation support software data terms: every row, with its source)
Would licensing a discovery production waive privilege?
Privilege is a separate question. Federal Rule of Evidence 502 sets when a disclosure in a federal proceeding waives the privilege or work-product protection and how far the waiver reaches, and Rule 26(b)(3) protects documents prepared in anticipation of litigation from discovery. A firm should take its own advice before any of that material leaves it. (Litigation support software data terms: every row, with its source)
Who owns the documents in a client file?
Much of it is the client's. The Law Society of Scotland's guidance lists documents produced by the client or by the solicitor for the client as ordinarily the client's, while notes of internal meetings and calls that form part of the solicitor's preparatory work are ordinarily the firm's. ABA Model Rule 1.16(d) has a lawyer surrender the papers and property to which the client is entitled when a representation ends. (Litigation support software data terms: every row, with its source)
Do e-discovery platforms train AI on review data?
5 of the 10 platforms on our board say they will not. Everlaw's customer terms say it will not use Input or Output to train or finetune a generative AI model for general use, and Harvey's platform agreement says it will not train any AI models using your content or customer data. Casepoint keeps AI training for customer approval. (Litigation support software data terms: every row, with its source)
What can a litigation practice license without client consent?
Its own work: the precedents, templates and know-how its lawyers wrote, with nothing from a client's matter in them. Under section 11 of the UK's Copyright, Designs and Patents Act the author is the first owner of copyright in a work, and work made by employees in the course of employment generally belongs to the firm. (Litigation support software data terms: every row, with its source)
Sources
This site's own datasets, every figure quoted from its source and dated:
- The rules on a firm using a closed matter's file: 5 of 13 texts read govern a lawyer's duty of confidence to a current or former client, each quoted from its own page, newest read 29 October 2026.
- Who takes law firm and case file data for AI: 4 of 12 organisations whose own pages we read name legal work, contracts or case files among what they take, each answer quoted from the page, read 29 October 2026.
- Litigation support software data terms: 5 of 10 litigation support software vendors whose terms we read reserve the right to use their customers' data in aggregated or anonymised form, read 29 October 2026.