The Arkansas Supreme Court has proposed a rule governing the use of artificial intelligence in court proceedings, likely addressing issues like AI "hallucination," where AI generates false or misleading information, including citations to non-existent cases. This move is part of a broader effort to regulate AI in the legal system, with courts and state bar associations already proposing or enacting rules related to AI use in drafting legal documents.
The U.S. Court of Appeals for the 5th Circuit recently proposed an amendment requiring lawyers to disclose whether they've used generative AI in drafting documents and certify the accuracy of AI-generated content. However, this approach received negative feedback, with critics arguing it might discourage beneficial uses of AI. In contrast, the Florida Bar adopted a more open stance, emphasizing lawyers' existing ethical duties when using AI, such as protecting client confidentiality and providing accurate services.
The Arkansas Supreme Court's proposed rule may aim to balance harnessing AI's potential benefits, like improving legal writing and expanding access to justice, while mitigating risks like AI-generated inaccuracies. By regulating AI use in court proceedings, the court can promote transparency, accountability, and fairness in the legal process.
