Use of Generative AI in Litigation Requires Care and Oversight

Here's the intro from this recent Client Update by John Hardin, Andy Smetana, and Ngai Zhang:

"In what may be the beginning of a trend, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas recently issued a new mandatory rule regarding the use of artificial intelligence (AI) in legal briefings. The directive, known as the "Mandatory Certification Regarding Generative Artificial Intelligence" rule, stipulates that "[a]ll attorneys . . . appearing before the Court must file on the docket a certificate attesting either that no portion of any filing will be drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence was checked for accuracy, using print reporters or traditional legal databases, by a human being."

Similarly, Magistrate Judge Gabriel A. Fuentes of the U.S. District Court for the Northern District of Illinois recently adopted a standing order providing that "any party using any generative AI tool in the preparation of drafting documents for filing with the Court must disclose in the filing that AI was used" with the disclosure including the specific AI tool and the manner in which it was used."