Should Lawyers and Judges Be Required to Disclose Their Use of AI?

New York City Bar Association Podcast

To many of us, the answer seems obvious as the AI wave continues to crest. The City Bar Presidential Task Force on Artificial Intelligence and Digital Technologies hosts Hon. Xavier Rodriguez, U.S. District Judge for the Western District of Texas, and Maura Grossman, a lawyer and scholar specializing in technology assisted review, to join Task Force member David Zaslowsky in giving that question a closer look. With lawyers filing in court, perhaps we're leaping to conclusions that don't match our experience. After all, lawyers once worried that tech like email would be the end of confidentiality. Then again, when it comes to judges, the risks may be just as high as we think. Research and fact-finding may be one thing, but what about when a judge asks an AI tool to render a legal decision?  Judge Rodriguez and Professor Grossman consider many cases and court rules from the past year as we pull apart the surprising nuances of the question: should lawyers and judges be required to disclose their use of AI? If you’re interested in learning more about how artificial intelligence will affect the legal world, check out the City Bar’s Artificial Intelligence Institute, available on-demand (https://services.nycbar.org/EventDetail?EventKey=OND061024). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events.  04:06 The Infamous Mata vs. Avianca Case 04:47 Debating AI Disclosure Requirements 06:12 Challenges with Broad AI Regulations 09:13 Judicial Reactions to AI in Legal Practice 11:12 Proposed AI Certification in the Fifth Circuit 19:10 Legislative Overreach in AI Regulation 26:00 Judges Using AI: Ethical and Practical Considerations 34:05 AI in Judicial Decision-Making: Disclosure Dilemma 34:22 A Personal Experience with AI Dispute Resolution 35:52 The Role of AI in Low-Value Claims 36:49 Psychological Anchoring and AI in Courts 37:41 Judicial Canons and AI Usage 39:06 Global Examples of AI in Judicial Decisions 40:17 The Debate on AI's Role in Legal Interpretation 44:40 Judge Newsom's AI Journey 48:56 Concerns and Considerations with AI in Courts 57:30 Encouraging AI Experimentation in the Judiciary 59:40 Conclusion and Future Discussions