AI Transcripts: Sometimes Less is More

Previously, we’ve relied on notetakers to jot down the important gist of our meetings in minutes. We reserved stenographers only for the rarest occasions when completeness and accuracy were vital. However, the growing popularity of AI notetakers and transcription apps is changing this. Now, any meeting organizer can quickly create full transcripts at minimal cost. These tools are undoubtedly valuable, but users should exercise intentionality and caution. A recent Sidley memo discusses a new decision out of the Delaware Chancery Court, where a company’s minutes and its AI transcript painted two different pictures of the same board meeting. The AI transcripts led to an adverse ruling for the company, serving as a cautionary tale. The memo offers factors for consideration when choosing to create an AI transcript:

“Organizations that use AI tools to transcribe, summarize, or interpret meetings should consider what records those tools create, where those records are maintained, and how they may be used if a dispute later arises. Those considerations are relevant not only to board meetings, but also more broadly to management and other business meetings for which an AI-generated transcript may become the principal written record of what participants said.”

Experienced litigators know that what appears on the written page can vary widely from a statement’s original intention. A joke, a line of skeptical inquiry, or sarcasm all take on a different flavor when they’re being read back to you on the witness stand. Lawyers in the courtroom are often very careful with their words because, on appeal, the transcript does the talking and it lacks the nuances of spoken language. Transcripts may be useful for day-to-day operational meetings. It’s helpful to have a transcript when a key team member is out sick or when you want to be certain you can refer back to the material later. However, in high-risk situations like board meetings and negotiations, it may be best to let humans do the note-taking.