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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.

Several attorneys said the proposed rule change was unnecessary, emphasizing that court rules already require attorneys to check their filings for accuracy. Meanwhile, some lawyers argued the proposed rule should be stricter.

Background on AI-Drafted Documents

The circuit court's decision comes after several federal judges last year issued standing orders blocking or putting guidelines on the use of AI over accuracy issues with the technology. Many of those orders were in response to a case where two New York personal injury attorneys submitted a ChatGPT-generated brief with fake case citations. The attorneys were ultimately sanctioned for their mistake.

Since the New York case, several other courts, including Texas and Missouri state appeals courts, have called out litigants for submitting AI-generated court filings with fake case citations. A Manhattan federal judge also criticized a law firm for using ChatGPT to support its attorney fee request of more than $100,000.

AI-Drafted Docs 5th Circuit : Implications for Legal Practice

This decision by the Fifth Circuit highlights the ongoing debate over the role of AI in legal practice. While AI can be a powerful tool, its use in drafting legal documents raises concerns about accuracy and reliability. As the legal community continues to grapple with these issues, courts may continue to refine their rules and guidelines regarding AI-drafted documents.