Extract from Avalon Zoppo’s article “6th Circuit Judge Worries Court AI Disclosure Rules Could Deter Use of the Tech”
A U.S. Court of Appeals for the Sixth Circuit judge said this week that he’s worried court rules requiring lawyers to disclose their use of artificial intelligence could deter them from using the technology at all, despite its potential benefits for the practice of law.
Judge John Nalbandian said court rules mandating AI disclosure are partly a result of negative messages and skepticism about the tools. So if a lawyer admits to using it, judges may question the accuracy of the filing, he said.
“And the problem is the possibility that this will deter or overdeter the use of AI. And I think that’s problematic given the promise of AI,” Nalbandian said in prepared remarks for an event at the University of Nevada, Las Vegas.
“After all, regardless of whether you face a skeptical judge or not, it will be much easier for a lawyer to not use AI rather than deal with a court rule,” he added. “And again, shouldn’t the output stand on its own—whether it was drafted by a robot, a first year associate, or an experienced partner?”
Nalbandian’s comments came amid a raging debate about AI use by attorneys.
