Extract from Cheryl Miller’s article “Use AI? New Rules, and Maybe a Law, Are on the Horizon for California Lawyers”
As courts continue to grapple with the ethical issues and hallucination-marred filings generated by AI technology, state policymakers are advancing enhanced rules—and possibly a new law—for attorneys and arbitrators.
SB 574, sent to the governor with bipartisan votes in both houses last week, requires attorneys to disclose when they use ChatGPT, Claude or any other generative AI platform to produce court-submitted documents. Attorneys would also be required to ensure the accuracy of AI-generated materials and not to input any private client information into a nonconfidential AI tool.
While Gov. Gavin Newsom considers whether to sign SB 574, a state bar committee is weighing changes to the Rules of Professional Conduct that could place new disclosure and transparency mandates on attorneys who use AI in their practices.
The proposals have been met with a mix of support, some confusion and a bit of criticism in the legal community.
