Fifth Circuit AI Rule Criticized as Unnecessary, Ambiguous

Jan. 29, 2024, 11:00 PM UTC

A Texas federal judge joined other lawyers in opposition to the US Court of Appeals for the 5th Circuit’s proposal to require attorneys to certify that any generative artificial intelligence materials filed at the court were reviewed for accuracy.

In public comments posted to the New Orleans-based appeals court’s website, more than a dozen attorneys raised concerns that the proposed rule is “unnecessary,” “ambiguous,” and could discourage lawyers from using AI in beneficial ways.

The proposed rule, floated last year, would require lawyers to certify that no generative AI program was used to draft the document, or if an AI ...

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