The International Legal Technology Association (ILTA) has released a new Generative AI Guide to clarify for litigators the appropriate use of GenAI in court-ordered disclosure. Co-authored by a group of litigators from various firms, the Guide supplements ILTA’s earlier Active Learning Best Practice Guide, which is currently under review by the Master of the Rolls. Both documents are expected to receive a judicial endorsement shortly.
The new Guide aims to deliver practical guidance on using Generative AI tools during document review processes rather than imposing strict rules. It is built around the key principles of transparency, proportionality, and defensibility, recognising that technology in this area evolves too rapidly for rigid regulations.
Co-author Jamie Tomlinson of DAC Beachcroft explained that the Guide is intended to fill current gaps in regulations such as PD57AD by outlining basic principles that should govern disclosure exercises, particularly where GenAI is involved.
The Guide stresses GenAI’s careful, transparent, and auditable use, ideally integrated into existing Active Learning workflows. Key recommendations include:
- Maintaining a separate audit log of all GenAI prompts and their evolution.
- Conducting validation and quality assurance through random sampling, testing, and tracking performance metrics like precision and recall.
- Early identification of unsuitable documents or issues for GenAI to enhance efficiency.
- Documenting agreements between parties in procedural documents such as the Disclosure Review Document.
The Guide also emphasises that litigators must fully understand and be ready to explain their GenAI workflows to both opponents and the Court, starting with clearly understanding how the technology operates.
Another co-author, Imogen Jones of DAC Beachcroft, highlighted the collaborative nature of the project, reflecting contributions from multiple firms and encouraging similar cooperation among parties using GenAI in disclosure.
The Guide will be formally launched on May 6 at an event hosted by Fieldfisher in London, with several of the contributors present.
Source: Artificial Lawyer
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