Ride the Lightning

Texas Federal Judge Imposes “AI Pledge” on Lawyers

June 6, 2023

Reuters reported on May 31 that a Texas federal judge requires attorneys who appear before him to certify that they did not use AI to draft their filings without their accuracy being checked by a human.

U.S. District Judge Brantley Starr issued the requirement on May 30. So far as I know, that’s a first for federal courts. Starr said he imposed the requirement to caution lawyers that AI tools can “make stuff up” and that he might sanction lawyers if they depend on AI generated information without verifying it themselves, using a traditional legal database.

As he commented, “These platforms in their current states are prone to hallucinations and bias. On hallucinations, they make stuff up-even quotes and citation.”

Staff made the requirement not long after a federal judge in New York threatened attorney Steven Schwartz with sanctions after he filed a court brief that included citations to non-existent cases generated by ChatGPT. The sanctions hearing is scheduled for June 8^th.

As you might imagine, there are many lawyers and journalists anxious to see how that hearing turns out.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225, Fairfax, VA 22030
Email:  Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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