Competent Testifying Expert Supervision Is Required in the Age of AI
In a recent False Claims Act matter, an expert used AI tools to fabricate (among other things) sworn testimony of a federal agency, prompting a motion that may lead to attorney disqualification and even dismissal of the entire case. The pending motion highlights an important issue for litigators to consider in engaging experts. This article summarizes the pending motion and suggests potential solutions and best practices to avoid this issue biting counsel and clients and to protect clients and counsel in the event an expert goes rogue with AI.