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U.S. Appeals Court Proposes Certification for AI Use in Filings Hello dear subscribers! The 5th U.S. Circuit Court of Appeals, based in New Orleans, in a recent notice, proposed a rule requiring lawyers to certify the non-reliance on AI or ensure human review of AI-generated content in court filings. The proposed rule applies to lawyers and litigants, obligating them to confirm, under penalty of sanctions, the accuracy of citations and legal analysis in filings generated by AI tools like OpenAI's ChatGPT. Recognizing the increasing use of AI in legal work, the court is inviting public comments on this rule until January 4, 2024. This move aligns with a broader national discussion on regulating AI's role in courtrooms. This development comes in the wake of some courts in the 5th Circuit's jurisdiction adopting local rules and policies addressing AI use. In June, U.S. District Judge Brantley Starr in Texas became one of the first to mandate lawyers' certification of non-AI use without human verification. #LegalTech#AIinLaw#USCourts#LegalInnovation

Two US Appeals Courts Dive into AI Examination Greetings everyone! Two federal appeals courts in the United States are establishing committees dedicated to studying the influence of AI on the legal system. U.S. Circuit Judge Eric Miller is set to lead an AI-focused committee for the 9th U.S. Circuit Court of Appeals, headquartered in San Francisco. As the nation's largest federal appeals court, the 9th Circuit is yet to formulate regulations governing AI use among legal practitioners. Similarly, Chief Judge Michael Chagares of the 3rd U.S. Circuit Court of Appeals, based in Philadelphia, has instituted an AI committee, according to Joel McHugh, the court's deputy circuit executive. The announcement about the 9th Circuit's committee followed the revelation by the law firm Bradley Arant Boult Cummings that A.J. Bahou, a Nashville partner chairing its AI practice, had been appointed to serve on this newly formed panel. Chief U.S. Circuit Judge Mary Murguia is convening the 9th Circuit's committee, aiming to assist the court in assessing appropriate rules and applications of AI technology. "The court is in the process of forming a committee, and we will issue an announcement in due course," stated Miller. While the timing of potential actions by these committees remains unclear, McHugh offered no information on whether rules regulating AI use would be introduced. These decisions to establish AI-focused committees come amid a national exploration by judges on how to cope with the rapid ascent of generative AI programs, such as OpenAI's ChatGPT, and how to regulate their use within legal proceedings. Chief U.S. Supreme Court Justice John Roberts, in his annual report on December 31, emphasized the potential benefits of AI while urging caution and humility in its application. He pointed out incidents of AI "hallucination," where lawyers using AI programs submitted briefs with citations to non-existent cases. #AIinLaw#LegalTechnology#USCourts#ArtificialIntelligence