Do Your Protective Orders Protect Your Clients From The Risks Of Generative AI?

As with so many other facets of our everyday lives, from our purchasing habits to our healthcare, to even the entertainment we consume, generative artificial intelligence (GenAI) is being integrated into the practice of law at an increasingly rapid rate. One area where GenAI is already making a significant impact in the legal industry is in discovery, where new tools are being implemented to help attorneys quickly review, assess, and summarize large quantities of electronic data belonging to clients and opposing parties.

These tools can certainly be helpful, but the use of GenAI programs in e-discovery is not without risk. Hallucinations – where GenAI provides incorrect answers to prompts or completely fabricated citations to authority – have already led to several infamous occurrences where lawyers failed to validate the program's output. In addition to concerns over the accuracy of output from GenAI, lawyers must also be aware of our obligations to maintain