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Can’t find a case on point? No worries, AI will dream one up for you. True, the fact that the case does not actually exist somewhat reduces its authority. Heck—a made-up case turns out not to be even a little bit persuasive. The court might end up being disappointed. Or worse.
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Artificial intelligence (AI) is the issue du jour just as much in the law as it is everywhere else. It has been observed that “the questions raised by AI are bigger than the AI research community, not just in their implications, but also in their nature.”
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Courts have shown little inclination to treat AI as something that displaces settled legal standards. Instead, judges appear to be applying familiar principles—reliability, relevance, transparency and professional judgment—to AI‑assisted work, including expert testimony.
It is now time to refresh standard protective order language to prevent any materials produced in discovery from making their way to open (public) AI models.
AI-savvy lawyering is already something that clients are starting to demand. The technology is capable; the challenge now is cultural and organizational change.
Corporate boards shouldn’t view the Encyclical as sending an anti-technology message. Rather, they should view it as encouraging values-centered discussions between governance and management on AI deployment strategies.
Now that artificial intelligence (AI) has become the latest tool, there is no reason to think the “check your work” guidance has fallen by the wayside.
Edward H. Rippey
Ranked in Artificial Intelligence & 1 other report
Washington, District of Columbia
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