Generative AI. Credit: Nataliia / Adobe Stock Lawyers Call 5th Circuit AI Proposal Vague, Potential Threat to Work-Product Privilege
The appeals court would require attorneys who used AI in drafting a filing to certify that the citations, legal analysis and any other text have "been reviewed for accuracy and approved by a human."
January 30, 2024 at 02:30 PM
5 minute read
What You Need to Know
- The Fifth Circuit published comments it received about its proposed AI review certification rule.
- Some attorneys said the rule lacked a clear definition of what generative AI uses would need to be disclosed.
Lawyers have expressed concern with a federal appeals court's proposed artificial intelligence review certification rule, calling it vague and a potential threat to work-product privilege.
More than a dozen attorneys or firms submitted comments to the U.S. Court of Appeals for the Fifth Circuit about its proposal to require lawyers to check a box confirming no generative AI program was used in drafting the filing, or if one was used, to certify that the citations, legal analysis and any other text have "been reviewed for accuracy and approved by a human."
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