Fifth Circuit Considers Requiring Attorneys to Verify AI Review


In a new development, the US Court of Appeals for the Fifth Circuit is considering a proposal that would require attorneys to verify the accuracy of generative artificial intelligence (AI) material they submit to the court. If implemented, this would make the Fifth Circuit the first federal appeals court to have such a rule. Under the proposal, attorneys who make false statements on the certificate of compliance may face sanctions. The court is accepting comments on the proposed rule until January 4, 2024.

This move is in response to concerns about the accuracy and potential biases of AI-generated content. Already, the Eastern District of Texas has adopted a rule instructing lawyers to review and verify any AI-generated content before submitting it, starting from December 1. Additionally, judges from other districts, like the Northern District of Texas and the Southern District of New York, have also emphasized the need for attorneys to take responsibility for the accuracy of AI-generated material. The proposal from the Fifth Circuit reflects a growing recognition within the legal community about the challenges and risks associated with using AI in legal practice.

Overall, this proposed rule highlights the need for attorneys to actively ensure the accuracy and reliability of AI-generated material that they rely on in their legal work. By doing so, they can help mitigate potential issues and maintain the integrity of the legal system.