A proposed amendment to the rule of certification by the U.S. Court of Appeals for the Fifth Circuit involving artificial intelligence (AI) review might discourage lawyers from utilizing AI technology, according to legal scholars.
Under this proposal, in order to submit a filing, lawyers would need to affirm that no generative AI software was employed in the document’s creation. In cases where AI was used, they would need to verify that all references, legal analysis, and any additional text were thoroughly checked for accuracy and approved by a human being. These certificates of compliance forms would be publicly available on the court docket.
Questioning the potential repercussion of this amendment, law professor Joseph Regalia wonders, “Do you want to be the lawyer advertising that you didn’t do all your own work?.” This query proposes a significant deterrent effect that AI disclosure could potentially have on the legal field, triggering a crucial debate on the use of AI in law.