Abstract
Generative artificial intelligence (A.I.), most prominently ChatGPT, has generated massive amounts of hype around the world, including in litigation. The use of this technology, while possibly beneficial in certain regards, also poses significant risks: misinformation and made-up information, breaches of legal professional privilege, data collection and retention, damage to judicial integrity, and concerns about ethics. This paper set out to (1) review the risks that the use of generative A.I. poses in litigation, and (2) suggest regulations to address said risks. The findings showed that generative A.I., in its current form, should be prohibited altogether in litigation. Its use in the future, if allowed to be used, should be strictly regulated. Whether generative A.I. should be involved in litigation at all remains an open societal question which urgently demands consideration. Keywords: generative artificial intelligence, litigation, regulation, ChatGPT, literature review
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