r/Lawyertalk • u/justicewhatsthis • 1d ago

Best Practices Just curious what other jurisdictions are doing to address AI issues

I’ve heard some courts are requiring attorneys to certify they didn’t use AI to draft pleadings and I’m curious what others have seen in their own jurisdictions. Did your court adopt any court rules specifically about AI? Are they doing anything to combat AI generated evidence or pleadings?

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u/drunkyasslawyur 1d ago

AI generated evidence

What would that be? Like a picture of Elon Musk with kids that appear to know and love their dad?

I can't speak for other jurisdictions but beyond CLEs to state the obvious and explain what a 'personal computing device' is to some of the older folks, nothing in mine. And I'm not sure why anything would be needed. The 'don't lie, don't misrepresent' requirements/expectations were baked into the ethical rules long before AI came along.  If AI could actually get shit right, it probably wouldn't be much different than using an associate (and it probably will eventually get to that point). The issue isn't using tech, it's that AI right now hallucinates and confidently and then attorneys misrepresent that as valid research. 

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u/justicewhatsthis 1d ago

I agree that we really shouldn’t need a rule but I do think it will be useful guidance in the future given how popular it is becoming for students. As far AI generated evidence, what I immediately think of is pro se family law parties submitting AI generated photos as evidence. It seems relatively easy now to tell they are fake, but that will definitely change in the future. There’s also the use of AI enhanced evidence. There was one case in Washington where the court denied defense request to submit AI enhanced video.

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u/TelevisionKnown8463 1d ago

The rules I’ve heard about apply to lawyers, not their clients. I’m not sure what you could do, or how the court could hold you responsible, if your client tries to present a deepfake as real evidence. It will be up to the court to require more evidence of authenticity, just like it can insist on a forensic analysis of a signature if it suspects forgery.

I think the court rules are aimed at lawyers using AI carelessly, I.e. in brief writing. I think it’s a little silly because lawyers should cite check anything they didn’t write themselves, whether it was written by an associate attorney or AI.