Illinois Supreme Court Releases Standards for Lawyers Using AI in Practice
Following the recommendations of the a newly created task force on artificial intelligence (AI), the Illinois Supreme Court recently announced their formal policy and rules regarding the use of AI and machine learning technology for lawyers practicing in the state. As we have previously covered, there have already been instances in which lawyers have been caught relying on artificial intelligence programs like ChatGPT that have at times fabricated cases when communicating with attorneys and those attorneys in due course cited to these fake cases in official court documents. The Illinois Supreme Court new rules reflect the general understanding that lawyers, pro-se litigants, and anyone else appearing before a court are ultimately responsible for ensuring that any documents submitted to any court are authentic and are based on the law, effectively barring litigants from simply blaming any errors by artificial intelligence generated content they may have used in their research. That being said, the rules do not ban the use of said technology, recognizing its potential to help litigants in certain situations. “Courts must do everything they can to keep up with this rapidly changing technology,” Chief Justice Mary Jane Theis said. “This policy recognizes that while AI use continues to grow, our current rules are sufficient to govern its use. However, there will be challenges as these systems evolve and the Court will regularly reassess those rules and this policy.”
Texas Attorney Fined for Use of AI Technology in Court Filings
The formal adoption of rules surrounding AI technology in Illinois follows just weeks after a federal judge in Texas fined and reprimanded an attorney who filed a response to a summary judgment with the Court that contained references to fabricated cases generated by AI. In that jurisdiction local rules already existed that, “explicitly caution attorneys that generative artificial intelligence tools may produce factual and legal inaccuracies” and obligate attorneys to verify any information generated by AI before they submit those cases to court, said Judge Marcia A. Crone of the US District Court for the Eastern District of Texas in her opinion where she fined the attorney $2,000 and required him to take educational courses about generative AI. Including the recently announced changes in Illinois rules, there have been over 200 state and federal court orders/rule changes since May 30, 2023, concerning the potential misuse of generative AI by litigants as the problem is recognized across the country. While it can be tempting to rely on new technology that purports to be both dynamic and efficient, attorneys and their clients should enable certain safeguards to ensure that their interests are well taken care of and effectively litigated. Moreover, even though advancements in AI seem promising, it is quite clear that technology can’t replace an experienced, talented, and hardworking lawyer.