USA flags A.I dangers for legal world

In an end-of-year review, Roberts acknowledged AI’s broad potential benefits, such as increased access to justice and more efficient legal research. But he also highlighted concerns, such as privacy issues and the wizardry’s potential shortcomings when it comes to navigating the many and complex nuances that play a part in human discretion. 

Roberts predicted that AI would significantly affect judicial work, particularly at the trial level, but emphasised the enduring need for human judges.

The comments come amid lower courts wrangling with the challenges posed by AI, including the generation of fictitious content or “hallucinations.” Roberts cited instances where AI-generated content has led to the inclusion of non-existent cases in court papers, and subsequently cautioned against such practices.

The report coincides with recent revelations that Michael Cohen, former lawyer for Donald Trump, inadvertently included fake case citations generated by an AI program in official court documents.

In response to the challenges, a federal appeals court in New Orleans has proposed a rule regulating the use of generative AI tools by lawyers. The 5th US Circuit Court of Appeals’ proposed rule would oblige lawyers to provide certification to demonstrate whether or not AI programs have been involved in drafting briefs, and ensure human oversight of AI-generated text for accuracy in court filings.

Know the risks

The balance between risks and opportunities in the rapidly evolving AI climate remains uncertain. But what’s clear is that organisations, whatever their size, need to understand best practice within AI so that it can be harnessed responsibly and in ways that prioritise privacy. 

The issues fall into focus at Global Privacy Day this January, when experts will debate the role of Artificial Intelligence in business communities around the world.