As the use of generative AI continues to evolve, so, too, do opinions on its reliability and the legal implications of its use in expert reports and testimony. In the Summer 2024 edition of the Journal of Nurse Life Care Planning, Nelson Mullins partner Drew Thomas explains how experts can safeguard themselves in litigation if they use specific-use AI professionally.

In the following excerpt, Thomas emphasizes the importance of disclosure, particularly during a deposition.  

For one thing, evidentiary rules require experts to explain their methodology. For another, litigators will inevitably imply that anything not disclosed is something the expert is nefariously hiding from the jury, no matter how inaccurate or disingenuous. “You don’t think this jury would want to know that a robot wrote your opinions?”

It’s better to get out in front of this. The level of disclosure is a judgment call and comes with an obvious trade off. Too much disclosure and you may call unnecessary attention to the use of an innocuous, but useful, technological tool. Too little, and an attorney will imply you’re hiding something or that your conclusions derived from the use of AI are unreliable.

Click here to read the full article, which begins on page 30.