To help our clients navigate the emerging differences in how courts approach the use of AI, Ropes & Gray has developed an AI Court Order Tracker that examines standing orders and local rules on the use of AI in connection with court filings.
The orders fall into several categories: some seek to educate; others prohibit the use of AI altogether; most require disclosure of the use of AI or verification of the content’s accuracy.
“We expect to see a multitude of these orders coming out, either by specific judges or whole courts, said Shannon Capone Kirk, managing principal and global head of advanced e-discovery and A.I. strategy. “Members of the legal profession should take note as courts continue to grapple with transparency and accuracy surrounding the use of AI.”
“Over-reliance on generative AI, as noted by several judges, can potentially lead to adverse outcomes,” said litigation & enforcement partner Amy Jane Longo. “Depending on the jurisdiction, attorneys who use AI must consider whether notice to the court is required and plan accordingly and should be prepared for the future issuance of similar orders, rulemaking, and dedicated rules of professional conduct pertaining to AI.”
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