Generative AI in Litigation: Overview
A Practice Note providing an overview of key legal and ethical issues for litigators on generative AI (GenAI) and addressing the potential benefits and risks of using GenAI in litigation practice. It explores how to create effective prompts and use GenAI for litigation tasks, including legal research, document review, and drafting documents. It discusses the implications of GenAI hallucinations and bias, the risks of third-party access to confidential information, the potential for AI-generated evidence to pose discovery and evidentiary issues, and the necessity of safeguarding sensitive data. This Note also examines ethical, court, and judicial rules that should be considered before using GenAI. It underscores the importance of complying with procedural and ethical rules while also addressing some of the consequences of improperly using GenAI, including sanctions and legal malpractice claims.
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