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ARTICLE · 30 NOVEMBER 2023

Judges Reflect On Generative AI Use One Year After ChatGPT's Debut

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Judges across the country have issued standing orders outlining how attorneys should use AI in filings, and courts are continuing to evaluate where the technology should fit in the practice of law...

United StatesTechnology
Paul Hunter
Paul Hunter
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Judges across the country have issued standing orders outlining how attorneys should use AI in filings, and courts are continuing to evaluate where the technology should fit in the practice of law. The U.S. Court of Appeals for the Fifth Circuit recently said it was considering requiring attorneys to certify the accuracy of any generative AI materials filed with the court. But not all judges endorse standing orders or certification requirements as the most effective mechanism to curb generative AI misuse.

A handful of judges issued a spate of standing orders clarifying how the technology could be used in their courtrooms after a lawyer submitted a filing with citations fabricated by ChatGPT in May 2023 in Mata v. Avianca Inc., a personal injury lawsuit against an airline. The plaintiff's attorneys were fined US$5,000 as sanctions. The mishap highlighted generative AI's "hallucination" problem, where the technology presents incorrect information as fact, and the

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