NEW ORLEANS, La. (WLBT) – Artificial intelligence seems to be getting smarter every day, but one federal court is still not ready for it to draw up court filings without human involvement.
Recently, the U.S. Fifth Circuit Court of Appeals proposed a rule limiting the use of AI in crafting legal documents, unless attorneys or filers could certify those documents are checked by a human for accuracy.
The proposal was prompted after an attorney in New York got into hot water for submitting an erroneous brief he created using the ChatGPT program.
The brief, according to Law360, cited six non-existent cases. When that attorney asked the program if those cases existed, it said yes.
Mississippi College Law Professor Matt Steffey says restrictions like the one proposed by the Fifth likely will become the new norm.
“It’s coming at the legal profession fast,” he said. “We’ve all watched the Terminator movies. We’ve all watched the Matrix movies. Even if AI doesn’t start a nuclear war against humanity, it will be able to do many of the things that we’ve used humans for… the same way that robots have taken over automobile assembly.”
Under the proposed rules, an attorney or filer would have to certify no AI program was used in drafting a document, or that if a program was used, all citations and legal analysis are checked for accuracy by a human.
The Fifth Circuit is headquartered in New Orleans, and serves the states of Mississippi, Louisiana and Texas.
According to Bloomberg Law, the court is accepting comments on the proposal through January 4.
Attorney Dorsey Carson says it’s probably too soon for courts to be making any new rules regarding AI, in part, because it is so new.
ChatGPT, for instance, was made public in November 2022. CoCounsel, a
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