The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence or, if they were, that they were checked for accuracy by humans.
The undated one-page decision said the court made this choice after considering public comments and the use of AI in legal practice. The decision noted that court rules already mandate attorneys to check filings for accuracy, and using AI doesn’t excuse lawyers from “sanctionable offenses.”
“The court, having considered the proposed rule, the accompanying comments, and the use of artificial intelligence in the legal practice, has decided not to adopt a special rule regarding the use of artificial intelligence in drafting briefs at this time,” the decision stated.
AI-Drafted Docs 5th Circuit : Public Comments Influence Decision
The court’s decision was partly informed by public comments on the proposed rule, according to a spokesperson for the court. In January, the court published public comments about a proposed change to its certificate of compliance rules addressing generative AI.
