Source: JD Supra

JD Supra provides a detailed analysis of the critical concept of "defensibility" when employing Artificial Intelligence tools, particularly in the context of e-discovery and litigation. Defensibility refers to the ability to justify the use of a specific technology or process to a court, demonstrating that it is reasonable, accurate, and reliable. As law firms and corporate legal departments increasingly rely on AI for tasks like Technology Assisted Review (TAR) to analyze large volumes of documents, the need to prove the soundness of these methods has become paramount.

The article outlines several key considerations for ensuring the defensibility of AI applications. These include transparency in the process, meaning the ability to explain how the AI works and the steps taken to train and validate it. Another crucial element is quality control and validation, which involves using statistical sampling and human review to verify the AI's results and demonstrate its accuracy. Legal teams must also be prepared to document their entire workflow, from the initial selection of the AI tool to the final production of data. By following these best practices, lawyers can effectively counter potential challenges from opposing counsel and satisfy judicial scrutiny regarding their use of advanced AI technologies in the legal process.