Chief Justice John Roberts’ 2023 year-end report on the federal judiciary discussed the potential and dangers of AI in the legal system. While AI could offer better access to information for lawyers and non-lawyers, it may also risk invading privacy interests and dehumanising the law. Judges have limited knowledge of how AI will impact law practice or the judging process, so more data is needed. However, some judges have created AI-specific orders, rules, and disclosure requirements. Nevertheless, imposing AI-specific regulations and requirements on lawyers is unnecessary, incurs significant costs, and creates tension between clients and their outside law firms. Existing rules already target lawyers, not the specific tools they use, and any defects created with AI are the lawyer’s responsibility, not the technology’s.
Source: Bloomberg Law
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