In a year-end report published on Sunday, U.S. Supreme Court Chief Justice John Roberts addressed the nuanced impact of artificial intelligence (AI) on the legal field, emphasizing the need for “caution and humility” in navigating its transformative effects on judicial and legal processes.
Chief Justice Roberts acknowledged the potential benefits of AI, such as enhancing access to justice for indigent litigants, revolutionizing legal research, and expediting cost-effective case resolutions. However, he struck an ambivalent tone, highlighting concerns over privacy and the technology’s limitations in replicating human discretion.
While expressing confidence in the persistence of human judges, Roberts predicted a significant impact of AI on judicial work, particularly at the trial level. This commentary represents his most substantial discussion to date on the influence of AI on the legal system.
The report coincided with lower courts grappling with the adaptation to AI, which, while capable of passing the bar exam, is susceptible to generating fictitious content, referred to as “hallucinations.” Roberts underscored the importance of caution and humility in utilizing AI, citing instances where AI-generated hallucinations led lawyers to reference nonexistent cases in court papers.
Roberts alluded to a recent incident involving Michael Cohen, former attorney for Donald Trump, who inadvertently included fake case citations generated by an AI program in official court filings. The chief justice did not provide further details but highlighted the impact of such incidents making headlines.
In response to these challenges, a federal appeals court in New Orleans proposed a rule aimed at regulating the use of generative AI tools, like OpenAI’s ChatGPT, by lawyers appearing before it. The proposed rule from the 5th U.S. Circuit Court of Appeals would necessitate lawyers to certify that they either did not rely on AI programs for drafting briefs or that human review ensured the accuracy of any text generated by AI in their court filings.
Ref: Reuters
