E-Discovery Team Examines AI Pitfalls and Best Practices in Court Filings

In the rapidly evolving artificial intelligence (AI) landscape, judges may be among the first to shape Al's direction and use in courtroom settings. In recent months, federal judges have begun implementing checks around the use of Al in court filings by issuing standing orders, and some best practices are already emerging.

Advanced E-Discovery and A.I. Strategy managing principal & global head Shannon Capone Kirk, e-discovery counsel Emily Cobb, and litigation & enforcement partner Amy Jane Longo co-authored a BloombergLaw article that examines judges’ standing orders on AI and shares practice tips for attorneys grappling with this new paradigm.

“AI-generated prompts and results, though valuable when used responsibly, must be applied in a manner consistent with client confidentiality and be verified for accuracy by a human being. Over-reliance on generative AI, as noted by several judges, can potentially lead to adverse outcomes,” said the team.

“Additionally, depending on the jurisdiction, attorneys who use AI must consider whether notice to the court is required and plan accordingly. Finally, attorneys should be prepared for the future issuance of similar orders, rulemaking, and dedicated rules of professional conduct pertaining to AI.”