A federal appeals court in New Orleans decided against implementing a pioneering rule to regulate the use of generative artificial intelligence (AI) by lawyers appearing before it. The 5th U.S. Circuit Court of Appeals had proposed the rule in November, aiming to govern the use of AI tools like OpenAI’s ChatGPT by both attorneys and pro se litigants. The rule would have required certifications that any AI-generated filings were reviewed for accuracy, with penalties for non-compliance. However, following largely negative feedback from lawyers and public comments, the court opted not to adopt the rule. Critics argued that existing rules were sufficient to address any issues related to AI technology, including ensuring the accuracy of court filings. The court reminded that all filings must be truthful and accurate, and the misuse of AI would not be an acceptable defense against sanctions. This decision leaves the 5th Circuit without an AI-specific regulation while other federal appeals courts continue to explore similar measures.
Federal Appeals Court Rejects AI-Specific Regulation for Lawyers
The 5th U.S. Circuit Court of Appeals decided not to adopt a pioneering AI regulation for lawyers.
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