It seems like every day there is a new article or email on artificial intelligence (AI) and the AI programs such as ChatGPT, Harvey.AI, or Google Bard. AI has the potential for good, but it is like riding an unbroken horse at this stage. Lawyers I know have taken a test ride and the AI program has run wild because the rider lost control and AI simply made things up such as citations. Today the United States Bankruptcy Court for the Northern District of Texas, joined a growing number of courts around the country, and issued General Order 2023-03 entitled “Pleadings Using Generative Artificial Intelligence.”
A summary of General Order 2023-03 (borrowed from the email from the Northern District of Texas’ Bankruptcy Court email) states:
“If any portion of a pleading or other paper filed on the Court’s docket has been drafted utilizing generative artificial intelligence, including but not limited to ChatGPT, Harvey.AI, or Google Bard, the Court requires that all attorneys and pro se litigants filing such pleadings or other papers verify that any language that was generated was checked for accuracy, using print reporters, traditional legal databases, or other reliable means. Artificial intelligence systems hold no allegiance to any client, the rule of law, or the laws and Constitution of the United States and are likewise not factually or legally trustworthy sources without human verification. Failure to heed these instructions may subject attorneys or pro se litigants to sanctions pursuant to Federal Rule of Bankruptcy Procedure 9011.” The full order can be located on the website at www.txnb.uscourts.gov.
Technology is great and has the potential for great good. It can, as we are learning, be misused to misrepresent, and set out false messages and precedents. If you will use and adopt an AI program for your legal writing and briefs, double check your work and citations. It is something that you would do normally anyway and the fact that it is from an AI program should make you skeptical. Make sure the citation and case actually exist and stand for what you are stating it stands for before signing your pleading. Otherwise, bad things will happen besides destroying your credibility in the court.
The opinions in this blog are solely the author’s and any comments, suggestions, or replies can be sent to john@jrjoneslaw.com. Happy first day of summer.
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