More criticism about the decision on discovery of AI research by client

 In my most recent post I wrote about a recent decision holding that the result of a client's use of an AI platform was not protected from discovery.  See here.  I argued that the opinion makes perfect sense in terms of the applicable law and that, unlike other commentators, I did not think it was "groundbreaking."  But I also pointed out (and provided a link) to some thoughtful criticism of it.

I am writing today to give you another good short comment on the opinion which takes the position that  although the opinion is correct given the state of the law, it is bad decision, and an opportunity lost to be "groundbreaking."  As the author puts it "The ruling may be defensible under existing doctrine.  But it is a disaster for the 21st-century justice system" and that the ruling is "tone-deaf [...] to the high cost of legal services and to AI’s potential to reduce those costs."

The author concludes "Judge Rakoff’s ruling mechanically applied old rules to a new world.  Today, millions of Americans are turning to interactive AI to survive a legal system that has become too expensive and too complex for ordinary people to navigate. As a lawyer, I want my clients and my potential clients to keep using AI tools. The law should encourage them to do so, not punish them for it."

The article is short and worth reading.  It is called "AI Research Can Be Used Against Clients In Court. It Shouldn’t Be" and you can read it at Above the Law, here.