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.
