The growing use of AI in expert analyses is creating new questions about privilege, discoverability and the reliability of expert testimony. As courts and practitioners grapple with these issues, experts must ensure that AI-assisted work products remain grounded in their own independent professional judgment.
Bracewell’s David Shargel told Lexology Pro that the use of AI does not diminish an expert’s responsibility to exercise independent judgment and maintain professional objectivity.
“What matters most is that, even if AI is used during the process, the expert’s opinion must reflect his or her independent opinion, based solely on the expert’s objective professional analysis and judgment.”