Jordan Blumenthal discusses ChatGPT and the ethical obligations associated with the use of generative AI in eDiscovery in the Law360 Pulse article, “ChatGPT’s Seat At The E-Discovery Table Isn’t Clear, Yet.”

"At present, the path to effective use of ChatGPT in e-discovery isn't entirely clear," Jordan C. Blumenthal, counsel at Redgrave LLP, told Law360 Pulse.

The use of innovative technologies in e-discovery is not new: Blumenthal pointed out that practitioners have used machine learning tools for years.  Machine learning analyzes data, but generative AI takes data and creates new content.

Data privacy and security are among the leading limitations.  The publicly available version of ChatGPT grabs and keeps the information it is fed, including any private client information, which could then be exposed to a third party.  Blumenthal said that this could be a pitfall because of ethics rules requiring confidentiality.

E-discovery professionals and lawyers will remain indispensable as the industry debates the use of LLMs.  Blumenthal said these tools will eventually become essential to them.

"Another long-established ethical obligation for lawyers is to maintain the knowledge and skill necessary to represent a given client," Blumenthal said.  "Particularly in sizable, sophisticated litigation and transactions, that expertise increasingly requires not just an understanding of individual AI-based tools, but an ability to harness the whole gamut of AI's potential."

Access the full Law360 Pulse article here.