Can a Client’s AI Searches be Discovered in Litigation?
When a potential client presents what appears to be an AI-generated description of their case (including a detailed timeline, witness list, and reasons that they are likely to prevail), responsible attorneys should be concerned about whether their search history will be discoverable in litigation. As discussed below, two federal judges have considered related situations and reached different conclusions. Given this uncertainty, attorneys should act promptly to limit the likelihood that a judge will require the production of AI searches in response to discovery requests.