The New York State Bar Association (NYSBA) has released guidelines to its members on the use of generative AI with a goal of addressing privacy breaches, ethical missteps and "hallucinated" case briefs.
The NYSBA’s report [PDF], published earlier this month, is the product of a months-long process developed by a dedicated Task Force on Artificial Intelligence, one of the first acts taken by president Richard Lewis. “We pick issues [for task forces] because they're the issues that are in our face right now,” he said. "And you can't find anything that is more in-your-face than AI—it's a subject that is on everyone's mind."
The task force is also responding to some recent high-profile embarrassments in the legal profession, including an incident last year where two New York lawyers were sanctioned by a federal judge for using generative-AI tool ChatGPT to create a legal brief that included fake case citations. The report includes a discussion of that particular case and the way AI tools and large language models can “hallucinate” content.
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