Federal Judge Forbids Use of ChatGPT by Out-of-State Lawyers

The standard pro hac vice admission order by Judge Donald Molloy (D. Mont.) now appears to include the provision,

Use of artificial intelligence automated drafting programs, such as Chat GPT, is prohibited.

Pro hac vice admission is required for lawyers who aren't members of the court's bar (here, the U.S. District Court for the District of Montana) but who want to be allowed to participate in a particular case (with a bar member as local counsel). Pro hac status is routinely granted, but is still viewed as a discretionary decision by the court, not as a matter of entitlement. Presumably Judge Molloy disapproves of use of AI programs generally, but felt inclined to apply the requirement only to lawyers who take advantage of what seen as a discretionary benefit.

Thanks to Jake Karr for the pointer.

Comments

[John F. Carr]

"automated drafting programs"

I see room for misunderstanding. I could interpret the limitation as allowing AI for research but not for writing briefs. A careless lawyer asks for relevant cases (research!) and copies a summary, maybe a quote from the case, but all the argument comes from the lawyer. Then the cases and quotations turn out not to exist.

[Mr. Bumble]

This doesn't make sense. If ChatGPT is a problem (and I think it is) why only restrict Pro hac attorneys?

[KenveeB]

Probably the judge thinks it's a problem generally but thinks he has more ability to restrict it in the context of pro hac admission since it's so discretionary.

[Roger S]

This judge will get his comeuppance when AI bots take over the world.