The US Court of Appeals for the Fifth Circuit is considering requiring attorneys to verify they checked the accuracy of any generative artificial intelligence material they file with the court.
In a notice shared by a court employee on Tuesday, the New Orleans-based appeals court said it was considering changing its certificate of compliance to add that AI requirement for attorneys practicing there. Lawyers who are found to have made a “material misrepresentation” on that certificate may face sanctions.
The court said it is accepting comments on the proposed rule through Jan. 4, 2024.
The Fifth Circuit appears to be the first US appeals court to weigh such a requirement for attorneys practicing there.
The US District Court for the Eastern District of Texas has also adopted a rule instructing lawyers that use generative artificial intelligence tools that they “must review and verify any computer-generated content to ensure that it complies with all such standards.” That rule will go into effect on Dec. 1.
US District Judge Brantley Starr of the US District Court for the Northern District of Texas in May began requiring lawyers who appear in his court to certify that they independently verified any material created by generative artificial intelligence included in their court filings is accurate.
“These platforms in their current states are prone to hallucinations and bias,” Starr said in his order.
His court falls under the jurisdiction of the Fifth Circuit, which hears appeals stemming from federal district courts in Texas, Mississippi, and Louisiana.
US District Judge Fred Biery of the US District Court for the Western District of Texas is also telling attorneys in court advisories that in “this modern environment of artificial intelligence,” they are “reminded of traditional obligations of professional responsibility to be honest with the Court and opposing counsel, regardless of drafting methodology employed. The signature of counsel on all pleadings constitutes an affirmation that all of the pleading contents have been validated for accuracy and authenticity.”
US District Judge Kevin Castel of the Southern District of New York earlier this year sanctioned two attorneys over a legal brief that included bogus case citations generated by an AI tool.
To contact the reporter on this story:
To contact the editors responsible for this story: