Generative AI and Federal Rules of Civil Procedure: Is It Meant To Be?

Nicole Gill recently contributed to an article for Legaltech News on how, if adopted more broadly by e-discovery professionals, generative AI could impact some proceedings and even challenge the Federal Rules of Civil Procedure that govern them—though how soon such an impact could be felt is likely too early to tell.

October 17, 2023 — by Nicole Gill, Counsel, CODISCOVR

There are some pairings that work better together than others. Think a piece of cheese with a glass of red wine, or the complementing flavors of tomato and basil, for example.

In the legal technology industry, it’s clear that generative artificial intelligence is the newest—and most popular—flavor. But how well it will fit with the Federal Rules of Civil Procedure (FCRP) when it comes to e-discovery is for now unclear.

Far-Off Changes?

Legal professionals are divided on whether they expect generative AI to put pressure on some of the rules most pertinent to e-discovery, such as Rule 26(b) or Rule 26(f). Some expect no impact at all, while others expect the effect on proceedings to be felt years down the road, after the industry first grapples with some more pressing issues, such as ethical responsibilities or cross-discovery challenges, for example.

“I don’t see a vast change in the law occurring, especially overnight, but I do see [the Rules] becoming somewhat an iteration that would be more accommodating to these newer ideas, whether, again, that means changing timing, whether that means the contemplation of costs in a more diligent manner with the use and application of these new AI and predictive coding and generative AI models,” noted Nicole Gill, an e-discovery attorney at Cozen O’Connor.

Read more of the Legaltech News Article here.


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