The 5th U.S. Circuit Court of Appeals has recently proposed a new rule focused on the use of artificial intelligence (AI) programs, such as OpenAI’s ChatGPT, by lawyers presenting before the court. This proposed rule would require lawyers to verify if AI was used in producing court filings, and to confirm accuracy in both citations and legal analysis. If there is any inaccuracy, lawyers could face sanctions - which is why the court is open to public feedback until Jan 4 2021. The introduction of this proposed rule is in response to the increasing use of generative AI programs in courtrooms. The rapid growth of AI usage in the legal sector has caused other courts to explore safeguards and guidelines on its implementation. In June, two attorneys from New York were penalized for submitting a legal document with six fake case citations produced by ChatGPT. The U.S. District Court for the Eastern District of Texas has recently announced a rule, effective December 1, that necessitates lawyers using AI programs to "evaluate and authenticate any computer-generated content" and emphasizes that AI technology should adopt a supportive role and not replace lawyers.

The introduction of these proposed regulations shows that the legal system is preparing for the potential implications of AI implementation. While the technology offers many benefits, it needs to be used responsibly and within the boundaries of the legal system. Only time will tell how courts and lawyers will navigate this new technological landscape.



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