Generative AI in Legal Research, Education, and Practice

The order notes that generative AI platforms "are incredibly powerful and have many uses in the law: form divorces, discovery requests, suggested errors in documents, anticipated questions at oral argument. But legal briefing is not one of them. Here's why. These platforms in their current states are prone to hallucinations and bias. On hallucinations, they make stuff up—even quotes and citations."

"The Court has adopted a new requirement in the fast-growing and fast-changing area of
generative artificial intelligence (“AI”) and its use in the practice of law. The
requirement is as follows: Any party using any generative AI tool in the preparation or
drafting of documents for filing with the Court must disclose in the filing that AI was
used and the specific AI tool that was used to conduct legal research and/or to draft the
document. Further, Rule 11 of the Federal Rules of Civil Procedure continues to apply,
and the Court will continue to construe all filings as a certification, by the person signing
the filed document and after reasonable inquiry, of the matters set forth in the rule,
including but not limited to those in Rule 11(b)(2)."

The order requires that:
"any submission in a case assigned to Judge Vaden that contains text drafted with the assistance of a generative artificial intelligence program on the basis of natural language prompts, including but not limited to ChatGPT and Google Bard, must be accompanied by:

(1) A disclosure notice that identifies the program used and the specific portions of text that have been so drafted;

(2) A certification that the use of such program has not resulted in the disclosure of any confidential or business proprietary information to any unauthorized party; and it is further"

This order requires all portions of a paper drafted using generative artificial intelligence to be checked using print reporters or traditional legal databases but does not affirmatively require certification or disclosure.

The order provides "[u]se of artificial intelligence automated drafting programs, such as Chat GPT, is prohibited."

Requires that any filing disclose in a clear and plain factual statement, "if AI has been used in any way in the preparation of the filing" and certify "that each and every citation to the law or the record in the paper, has been verified as accurate."