AI tools can significantly improve the efficiency of document review, summarization, and analysis during litigation. However, Texas lawyers should be cautious when using AI with discovery materials, particularly when those materials are subject to a protective order. Many protective orders restrict the disclosure, transmission, and use of confidential information and limit access to specified individuals involved in the litigation. Uploading protected documents into an AI tool may be treated as disclosure to a third party, even when the lawyer's intent is simply to streamline litigation tasks.

The problem is that many AI systems do far more than act as passive software tools. Depending on the platform and settings, information entered into the system may be stored, retained, and processed on third-party servers, or used to improve future models. If a protective order prohibits sharing confidential information with third parties or requires specific security safeguards, transmitting those materials to an AI…