Note whether an expert report used a generative tool, for the lawyer
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the lawyer's instructions, record whether a generative tool was used, what it was asked, and who reviewed the output. Do not write a motion for leave and do not draft the expert's opinions or the report.
- What the lawyer must review
- Federal Rule of Civil Procedure 26(a)(2)(B) requires a written report, prepared and signed by the witness, when the witness is retained or specially employed to provide expert testimony or is an employee whose duties regularly involve giving expert testimony, unless the court orders or the parties stipulate otherwise. The report must contain a complete statement of the opinions and the basis for them, the facts or data considered, and the other items the rule lists. Federal Rule of Evidence 702 admits the testimony only if the proponent shows it is more likely than not that the four conditions in the rule are met. The Federal Rules text opened for this task does not require leave of court to use a generative tool in preparing that report. A judge's standing order may. ABA Formal Opinion 512 (29 July 2024) requires the lawyer to understand the tool and to check its output. The lawyer decides whether a motion is needed and writes any motion. The witness prepares and signs the report.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.