“Ninth Circuit Creates Panel to Study Artificial Intelligence”

In Ninth Circuit Creates Panel to Study Artificial Intelligence (1) (bloomberglaw.com)(Jan. 25, 2024), Suzanne Monyak reported that:  “The West Coast-based US Court of Appeals for the Ninth Circuit is creating a committee focusing on the impact of artificial intelligence on legal practice, the latest federal court to address the growing technology.”  She also reported on a Fifth Circuit proposal.

Much has been written about differing courts’ approaches to A.I.  See Should Courts Use Standing Orders or Local Rules to Address A.I.? (Dec. 2, 2023); The Hon. Scott U. Schlegel, 🚀 A Call for Education Over Regulation: An Open Letter — Judge Scott Schlegel (judgeschlegel.com)(“In my humble opinion, an order specifically prohibiting the use of generative AI or requiring a disclosure of its use is unnecessary, duplicative, and may lead to unintended consequences…. The legal profession is already guided by stringent ethical standards and professional responsibilities….  A focus on education and adaptability within these existing frameworks would be a more effective way forward.”).

Florida has issued an ethics opinion. See  Florida Adopts Ethics Guidelines for Use of Generative A.I. (Jan. 23, 2024); Doug Austin, Generative AI Ethics Opinion Issued by Florida Bar (ediscoverytoday.com)(Jan. 26, 2024)(“Florida joins California as (to the best of my knowledge) the only states to provide ethics guidelines for the use of generative AI so far. Much more to come, I’m sure.”).

Craig Ball’s recent blog, Will AI Summarization Disrupt Discovery? | Ball in your Court (craigball.net)(Jan. 26, 2024), raises a cautionary flag:  “Before we use AI to summarize collections then deploy AI to characterize the summaries, can we pause just long enough to see if it’s going to work? Real testing, not just that which supports salaries.”