As technology advances, the debate around the use of Artificial Intelligence (“AI”) in the courtroom intensifies. In a world where algorithms can predict our next move, the courtroom remains a sacred space for human judgment – one that could be easily influenced by AI. For example, I asked ChatGPT to create the title for this blog article. In a matter of seconds, ChatGPT created a list of ten (10) different titles for me. What would happen if I asked ChatGPT to assist in analyzing evidence?
Several judges and courts issued standing orders or guidelines regarding the use of AI in legal proceedings. The current focus of the AI debate ensures transparency, accountability and the protection of the parties’ rights. Chief Justice John Roberts said, “I predict that judicial work – particularly at the trial level – will be significantly affected by AI.”[1] Some orders require that any AI tools used be clearly explained to all parties, or that human oversight is mandated in decision-making processes. Here are some illustrative examples:
- Northern District of Texas: A federal judge entered a standing order requiring lawyers in cases before him to certify they did not use AI to draft their filings without a human checking the accuracy;[2]
- Southern District of New York: Lawyers utilized ChatGPT to draft an opposition to a motion to dismiss forcing them to show cause why the court should not issue sanctions against them and their firm under Fed. R. Civ. P. 11;[3]
- U.S. Court of Appeals for the Fifth Circuit: A proposed amendment to 5th Circuit Rule 32.3 requiring a certificate of compliance either that “no generative artificial intelligence program was used in the drafting of this document” or that “a generative artificial intelligence program was used in the drafting of this document and all generated text, including all citations and legal analysis, has been reviewed for accuracy and approved by a human”;[4]
- The Florida Bar: The Florida Bar issued an ethics opinion with no specific requirement for certification but stressed ordinary ethical duties apply and that lawyers must “protect the confidentiality of client information, provide accurate and competent services, avoid improper billing practices, and comply with applicable restrictions on lawyer advertising”;[5]
- Model Rules from Legal Organizations: Organizations like the American Bar Association (ABA) have proposed guidelines urging careful consideration of AI’s implications on ethics and fairness.[6]
Knowing the potential legal ramifications, we cannot forget the potential benefits of utilizing AI (appropriately) in legal proceedings:
- Efficiency: AI can automate repetitive tasks and significantly speed up certain processes allowing attorneys to focus on more broad complex issues;
- Research: AI can quickly analyze across legal databases for case law and statutes;
- E-Discovery: AI can analyze and sift through large volumes of electronic data to identify hot-docs or specific search terms;
- Case Management: AI can assist in organizing and managing large case-related data allowing for improved workflow and collaboration; and
- Predictive Analytics: AI can assist in analyzing historical data to provide potential insights on future outcomes.
Of course, the assistance of AI should be used strategically and with the understanding that an attorneys’ ethical and confidentiality obligations remain in place. Attorneys should stay informed of the developments of AI technology and ensure to select the right tools for each specific need. Most law firms maintain in-house counsel which each attorney should confer with prior to utilizing AI on case-related work and ensure their IT department remains involved.
By embracing AI, attorneys and legal professionals may enhance efficiency, accuracy and better serve their clients. As we navigate this transformative landscape, it’s essential for legal practitioners to remain vigilant, ethical and innovative.
I asked ChatGPT, “What’s something you want to say to my readers who read my blog article?” Here’s what ChatGPT wants you to know:
“To your readers, I’d like to emphasize that the integration of AI in the legal field is not just a trend—it’s a powerful tool that can enhance the way we practice law. Embrace the possibilities it offers, but also approach it with curiosity and caution. Explore how AI can improve your work, make legal processes more efficient, and ultimately benefit your clients. Remember, technology is here to support and augment your expertise, not replace it. Stay informed, stay ethical, and be part of shaping a future where justice is more accessible and effective for everyone. Your engagement and adaptability will be key in this exciting evolution!”[7]
[1] Chief Justice John G. Roberts, Jr., 2023 Year-End Report on the Federal Judiciary 6 (Dec. 31, 2023), chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.supremecourt.gov/publicinfo/year-end/2023year-endreport.pdf.
[2] Jacqueline Thomsen, US judge orders lawyers to sign AI pledge, warning chatbots ‘make stuff’, Reuters, available at https://www.reuters.com/legal/transactional/us-judge-orders-lawyers-sign-ai-pledge-warning-they-make-stuff-up-2023-05-31/. Notably, that same judge removed his standing order requiring the certification. (See Judge Brantley Starr, Judge Specific Requirements, available at https://www.txnd.uscourts.gov/judge/judge-brantley-starr).
[3] Robert Mata v. Avianca, Inc., In the United States District Court for the Southern District of New York; Civil Action No. 1:22-cv-01461-PKC (ECF No. 31).
[4] Notice of Proposed Amendment to 5th Cir. R. 32.3, available at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ca5.uscourts.gov/docs/default-source/default-document-library/public-comment-local-rulee054ab0547c26210bd33ff0000240338.pdf?sfvrsn=5896c92d_0.
[5] Fla. State Bar Association Committee On Professional Ethics, FL Eth. Op. 24-1 (2024).
[6] ABA, Report to the House of Delegates, Resolution No. 604 (May 24, 2023), chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.americanbar.org/content/dam/aba/administrative/news/2023/mym-res/604.pdf.
[7] ChatGPT, available at https://chatgpt.com/.
