A number of district court judges across the country have issued orders setting out disclosure requirements after a pair of New York lawyers were sanctioned last year for using fake, ChatGPT-generated case citations.
After pushback from attorneys, the U.S. Court of Appeals for the Fifth Circuit has discarded a proposed rule that would have required lawyers to disclose if they used generative artificial intelligence in crafting a brief.
If adopted, attorneys would have had to check a box confirming that no AI program was used in drafting a filing or, if one were used, certifying that it was reviewed for accuracy by a person. Attorneys who submitted comments said the proposal was unnecessary given existing federal rules.
