As Cimplifi discusses in this post, the use of public LLMs on opponents’ documents is tempting, but it increases risks to confidentiality.
In their latest post titled (wait for it!) Stepping Up to the Plate: Public LLMs and Risks to Confidentiality (available here), Cimplifi discusses that as AI model chatbots – like ChatGPT, Claude and Google Gemini – have become more ubiquitous, people have been more inclined to use these models for practically anything. That prolific use has extended to using the models in litigation.
As discussed in Cimplifi’s previous post in the series, drafting legal filings has become a common use case where pro se parties and even lawyers are using public LLMs in litigation. But it’s not the only one. In some cases, they are using them to analyze documents produced in discovery by opposing counsel.
So, why is the use of public LLMs an issue? How does the public LLM inadvertent disclosure risk differ from the use of other technology platforms? And how can you balance the risk of inadvertent disclosure with the need to promote access to justice? Find out here, it’s only one click! You can click confidentially! 😉
So, what do you think? Is your organization applying best practices for AI ethics and defensibility in legal practice? Please share any comments you might have or if you’d like to know more about a particular topic.
Image created using DALL-E 3, using the term “robot batter stepping up to the plate with a robot catcher and a robot umpire behind the plate with fans in the stands behind them”.
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Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.