Once in effect, the signed law would bar lawyers from letting generative AI practice law for them and require reasonable accuracy checks when they use it to help.
Lawyers could use generative AI to help, but could not let it practice law for them. They would have to check its output reasonably, fix errors in material they use, and limit access to private information they enter.
Lawyers responsible for court filings would have to check each citation themselves, including AI suggestions. The rule would not cover disclosures or papers used to gather evidence.
Arbitrators could not let generative AI make any part of a decision. Before relying on AI information from outside the case record, they would have to tell the parties and let them comment when practical.
The State Bar would set procedures for ethics complaints against certified dispute providers. Proceedings would stay private, though after a decision the Bar could release information that reveals no confidential or privileged communications.
Lawyers would be barred from letting generative AI practice law for them. These duties would cover lawyers using generative AI to help with legal work. They would have to take reasonable steps to check AI output and fix errors in material they use. They could enter confidential, identifying, or other nonpublic information only into AI systems that limit access to them and authorized people who must protect it. They would disclose their AI use to the court for documents they submit and consider disclosing it for public content.
Lawyers responsible for court filings would have to check each citation themselves. It would cover citations in briefs, motions, and other papers filed in any court. The rule would not cover disclosures or discovery papers, which parties use to exchange evidence.
Arbitrators would be barred from letting generative AI make any part of a decision. The rules would cover arbitrators deciding disputes. Before relying on AI information from outside the case record, they would have to tell the parties and, when practical, let them comment.
The State Bar would set procedures to handle ethics complaints against certified dispute providers. The complaints would concern State Bar-certified firms and people who help resolve disputes outside court. The State Bar or a professional group it approves would receive, investigate, and resolve complaints. Complaint proceedings would stay private. A court could order information or records from a proceeding disclosed. Records provided for complaints would be exempt from state public records requests. After a complaint decision, the State Bar could publicly release information or records only if they reveal no confidential or privileged communications.
No hearings or votes scheduled.