I’m having trouble understanding why AI prompts are discoverable in litigation. Even if not protected by privilege, how can questions someone ask AI be relevant in most cases?

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Absent attorney client privilege or work product, the bar for something being discoverable is low.

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HR managers inputting thoughts in forming a termination or other employment decision. Certainly relevant.

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If they deny ever inputting such thoughts, wouldn’t that prevent an order for disclosure? At least in my jurisdiction, assessing credibility is irrelevant for purposes of discovery.

Same reason why Google searches are discoverable. If someone murdered someone and searches or asks ChatGPT “How to hide a body,” that’s absolutely relevant.

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A4 that makes sense, which is why firms used closed or confidential systems. I thought the latter was what OP was referencing though and it was very surprising to me that would not be privileged

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My dude. What you google can be discoverable. How is asking Ai v Google any different??

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Unfortunately it’s treated very differently for technically inconsistent handwavey reasons.

What YOU google likely isn’t discoverable (work product), but what you ask AI is…

There’s a recent court case out of federal district court I believe in NY that discusses use of AI and why it’s not protected by AC privilege or work product. And yes, bar to discovery is low.

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That case discusses that when a client (non-lawyer) created documents — not at the instruction of his counsel— using a commercial ai tool, those documents were not privileged. This is not a new standard. If a client writes out his plans/thoughts and types it into an email— without instruction from his lawyer— that email would also not privileged and would be discoverable.

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A lot of y’all are failing to read OP’s premise of “if not protected by privilege.” This is a relevance question. Obviously attorney prompts are gonna be priv/WP.

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Do you not use AI lmao

are you a boomer lol

How are AI searches any different in terms of privilege than Lexis or Westlaw searches?

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