Jandra Cox, A Lesson From Seinfeld: How Generative AI Issues Remind Us to Be True to Our Oaths, Oklahoma Bar Journal (August 2023) https://www.okbar.org/wp-content/uploads/2023/08/August-2023-1.pdf.
Jim Calloway, Artificial Intelligence Tools and Tips, Law Practice Tips (Sept. 12, 2023), https://www.lawpracticetipsblog.com/2023/09/ai-tools-and-tips.html.
Bob Ambrogi, 12 Thoughts on Promises and Challenges of AI in Legal after Yesterday’s AI Summit at Harvard Law School, LawSites (Sept. 20, 2023), https://www.lawnext.com/2023/09/thoughts-on-promises-and-challenges-of-ai-in-legal-after-yesterdays-ai-summit-at-harvard-law-school.html.
Bob Ambrogi, Major Law Firms Form Consortium to Develop AI Training through SkillBurst Interactive; Subscription Access Available to Other Firms, LawSites (Oct. 3, 2023), https://www.lawnext.com/2023/10/major-law-firms-form-consortium-to-develop-ai-training-through-skillburst-interactive-subscription-access-available-to-other-firms.html.
Bob Ambrogi, Generative AI, Having Already Passed the Bar Exam, Now Passes the Legal Ethics Exam, LawSites (Nov. 16, 2023), https://www.lawnext.com/2023/11/generative-ai-having-already-passed-the-bar-exam-now-passes-the-legal-ethics-exam.html.
1. Big Law, Nixing ChatGPT for Legal Work, Seeks Secure AI Solution, The American Lawyer (Aug.3, 2023), https://plus.lexis.com/api/permalink/558afa40-0900-474b-b6b8-387dbb6a6eec/?context=1530671 or https://www.law.com/americanlawyer/2023/08/03/big-law-nixing-chatgpt-for-legal-work-seeks-secure-ai-solution
Several of the country's biggest law firms have prohibited lawyers from using ChatGPT for legal work. Meanwhile, form leaders are working with vendors to develop secure and sophisticated generative AI tools. Policies regarding lawyers' use of AI build off existing obligations for transparency.
2. Nicole Black, The Case for ChatGPT: Why Lawyers Should Embrace AI, ABA Journal (Feb.21, 2023), https://www.abajournal.com/columns/article/the-case-for-chatgpt-why-lawyers-should-embrace-ai.
1. Jocelyn Stilwell-Tong, 2023 Developments in Legal AI and the Courts, LLRX (Oct. 20, 2023), https://www.llrx.com/2023/10/2023-developments-in-legal-ai-and-the-courts/.
"Law Librarian, California Court of Appeal, Sixth Appellate District, has determined that although free AI online is useful, the developing products from major legal research platforms show great promise. These paid products control for issues like hallucinations, and provide citations supporting their work so a researcher can confirm the accuracy and context of the materials the AI is pulling from. Issues surrounding data governance (what the company does with your uploaded material and search history) can be controlled by contract, and the legal vendors understand that this is a concern for most legal clients."
Stilwell-Tong notes "I’m excited about the future of AI legal technology. However, my recommendation to my own court was to take a measured approach toward adoption. The courts don’t need to invest in these new technologies now, while they’re still in the development stage. I estimate that we’ll want access to these products after they’ve penetrated the legal market and new hires are accustomed to using them, which I expect will take about three to five years."
2. Jacqueline Thomsen, US Judge Orders Lawyers To Sign AI Pledge, Warning Chatbots 'make stuff up', Reuters (June 2, 2023), https://www.reuters.com/legal/transactional/us-judge-orders-lawyers-sign-ai-pledge-warning-they-make-stuff-up-2023-05-31/.
Judge Starr's Requirements Regarding Use of AI
3. Cedra Mayfied, Digital Divide: Lawyers and Judges Split Over Standing Orders on AI, Law.com (July 28, 2023), https://www.law.com/dailyreportonline/2023/07/28/digital-divide-lawyers-and-judges-split-over-standing-orders-on-ai/.
4. Sarah Martinson, Judge Prohibits Out-Of-State Lawyer From Using ChatGPT, Law 360 (June 30, 2023), https://www.law360.com/articles/1694884/judge-prohibits-out-of-state-lawyer-from-using-chatgpt.
5. State Bar of Michigan Standing Committee on Judicial Ethics, Op. JI-155 (October 27, 2023) (discussing that judicial officers must maintain competence with advancing technology, including but not limited to artificial intelligence), https://www.michbar.org/opinions/ethics/numbered_opinions/JI-155.
6. Nate Raymond, US Appeals Court Proposes Lawyers Certify Review of AI Use In Filings, REUTERS (Nov. 22, 2023 2:45 PM CST), https://www.reuters.com/legal/transactional/us-appeals-court-proposes-lawyers-certify-review-ai-use-filings-2023-11-22/.
Karen Sloan, Florida Bar Weighs Whether Lawyers Using AI Need Client Consent, Reuters (Oct. 16, 2023), https://www.reuters.com/legal/transactional/florida-bar-weighs-whether-lawyers-using-ai-need-client-consent-2023-10-16/.
Amanda O'Brien, Generative AI Brings Ethical Concerns, Say Pa. Ethics, Tech Experts, Legal Intelligencer (July 17, 2023), https://plus.lexis.com/api/permalink/28f90367-cdf1-418c-b25a-43ada2ef0a86/?context=1530671. Also available at https://www.law.com/thelegalintelligencer/2023/07/17/generative-ai-brings-ethical-concerns-say-pa-ethics-tech-experts/?slreturn=20230820101620.
Do Lawyers Need New Rules for Using Generative AI in Their Practices?, JDSupra (June 1, 2023), https://www.jdsupra.com/legalnews/do-lawyers-need-new-rules-for-using-8012425/.
Joshua Lenon, Using AI in your Practice? Hold Yourself Accountable to the Rules of Professional Conduct, Law.com (July 27, 2023), https://www.law.com/legaltechnews/2023/07/27/using-ai-in-your-practice-hold-yourself-accountable-to-the-rules-of-professional-conduct/.
Karen Sloan, A Lawyer Used Chatgpt To Cite Bogus Cases. What Are The Ethics?, Reuters (May 30, 2023), https://www.reuters.com/legal/transactional/lawyer-used-chatgpt-cite-bogus-cases-what-are-ethics-2023-05-30/.
1. Lindsay Whitehurst, Fugees Rapper Says Lawyer’s Use Of AI Helped Tank His Case, Pushes For New Trial, APnews.com (Oct 18, 2023, 3:03 PM CDT), https://apnews.com/article/fugees-pras-appeal-conviction-trial-artificial-intelligence-d2c93aa5404eba63c3347a05fe8ba091.
2. Eugene Volokh, Colorado Lawyer "Says ChatGPT Created Fake Cases He Cited in Court Documents", The Volokh Conspiracy June 15, 2023), https://reason.com/volokh/2023/06/15/colorado-lawyer-says-chatgpt-created-fake-cases-he-cited-in-court-documents/.
3. Larry Neumeister, Lawyers Blame Chatgpt For Tricking Them Into Citing Bogus Case Law, APNews (June 8, 2023), https://apnews.com/article/artificial-intelligence-chatgpt-courts-e15023d7e6fdf4f099aa122437dbb59b.
4. Sara Merken, New York Lawyers Sanctioned For Using Fake ChatGPT Cases In Legal Brief, Reuters (June 26, 2023), https://www.reuters.com/legal/new-york-lawyers-sanctioned-using-fake-chatgpt-cases-legal-brief-2023-06-22/.
Avalon Zoppo, Threat of AI-Generated ‘Deepfake’ Evidence Needs Judiciary’s Attention, Former Judge Says, Nat’l Law Journal (Oct. 27, 2023), https://plus.lexis.com/api/permalink/a18909ea-c8cb-484c-a741-46907e72d02c/?context=1530671 (Lexis password required).
Article details a proposal to amend Rule 901 to help courts handle authentication challenges presented by evidence generated by AI applications
Simon Friis and James Riley, Eliminating Algorithmic Bias Is Just the Beginning of Equitable AI, Harvard Business Review (Sept. 29, 2023), https://hbr.org/2023/09/eliminating-algorithmic-bias-is-just-the-beginning-of-equitable-ai.