A federal appeals court judge has cast doubt on the necessity of implementing regulations to prohibit lawyers from utilizing generative AI during court proceedings, emphasizing the potential advantages this technology offers to enhance legal practice.
U.S. Circuit Judge John Nalbandian, speaking at the University of Nevada, Las Vegas, argued against bans on lawyers employing AI tools like ChatGPT for research, asserting that such restrictions could hinder beneficial applications by underprivileged litigants.
He highlighted that some judges, instead of imposing outright bans, opt for disclosure requirements and confirmation of review for accuracy, which he deemed problematic as they might discourage lawyers from embracing the promising technology.
Acknowledging concerns about the rise of AI and its portrayal in popular media, Nalbandian emphasized that, for now, generative AI remains a tool with both challenges and opportunities.
He stressed that corporate clients now expect their legal representatives to utilize AI, and ultimately, client demands will prevail over attempts to regulate technology through court or bar association rules.
Nalbandian underscored the potential of AI to democratize legal services, making them more affordable and accessible to a wider range of people, including self-represented litigants and those with limited resources.
Addressing law students, Nalbandian expressed a sense of security in discussing AI’s implications, given his position as a judge with a life tenure.
However, he humorously cautioned the students about the challenges they might face in their careers amidst the rapid advancement of technology.
The judge’s remarks come amidst national discussions within the judiciary regarding the regulation of AI.
While some federal appeals courts are considering rules to govern its use, Nalbandian questioned the necessity of such regulations, arguing that existing prohibitions against falsifying facts and citations should suffice.
Although some district courts have implemented bans or disclosure rules regarding AI usage, Nalbandian noted that the 6th Circuit, which he serves, is not actively exploring AI regulation.