The Volokh Conspiracy
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Federal Judge Warns Lawyers About Using ChatGPT, But Doesn't Prohibit Such Use
From the standing orders of Judge Arun Subramanian (S.D.N.Y):
F. Use of ChatGPT and Other Tools. Counsel is responsible for providing the Court with complete and accurate representations of the record, the procedural history of the case, and any cited legal authorities. Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any research conducted by these means. At all times, counsel—and specifically designated Lead Trial Counsel—bears responsibility for any filings made by the party that counsel represents.
For more on such matters, see these posts. Thanks to Jake Karr for the pointer.
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Seems reasonable: Use it if you have to, but you are responsible for any errors that happen.
Now, if an attorney doesn't verify all the citations it comes up with, well...I suppose the public defenders office will have openings. Or the Department of Justice
Hilarious! Did you come up with that one all by yourself?
AI is not worse than Google. You can find good stuff that way, but you have to run it down and verify it using Westlaw or Lexis.
Thanks to Volokh conspiracy for pointers to these orders re: use of AI in court.
On our website: https://lawsnap.mywikis.wiki/wiki/AI_and_the_Legal_Profession#Court_orders_regarding_filing_AI-generated_materials
we are keeping a running list of orders, both in the U.S. and Canada.
In U.S. most of the orders so far have been by individual judges. Mostly federal judges, but one state court judge in Texas has also published an order. Only U.S. Court to issue an order for all proceedings, in front of all judges, is Bankruptcy court for ND Tex.
In Canada, the main trial courts in (1) Yukon Territory, and (2) Manitoba, have issued orders similar to those in the U.S. requiring a separate statement describing how AI was used.
Full list is here: https://lawsnap.mywikis.wiki/wiki/AI_and_the_Legal_Profession#Court_orders_regarding_filing_AI-generated_materials
Thanks again to Volokh conspiracy for sharing these orders.
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This article sheds light on an intriguing legal perspective regarding the use of ChatGPT in the legal profession. The cautionary note struck by the federal judge highlights the evolving dynamics of AI's role in legal work. While not outright prohibiting ChatGPT's use, the judge's warning underscores the need for careful consideration when integrating AI into such critical domains. As technology continues to reshape traditional practices, discussions like these are crucial to ensure a balanced and ethical incorporation of AI tools like ChatGPT in the legal landscape.
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