In a year-end address, U.S. Chief Justice John Roberts shared a nuanced perspective on the impact of artificial intelligence on the legal domain, advocating for both caution and humility. The Chief Justice acknowledged the potential benefits of AI in enhancing access to justice for those with limited means, revolutionizing legal research, and expediting case resolutions. However, he also expressed reservations about privacy concerns and the technology’s incapacity to replicate human discretion.
Roberts, in his extensive 13-page report, foresaw a significant transformation in judicial work, particularly at the trial level, due to the influence of AI. Despite predicting the enduring presence of human judges, he underscored the profound impact AI would have on their roles.
The Chief Justice’s commentary, marking his most substantial discussion on AI’s influence on the legal system, coincided with numerous lower courts grappling with the adaptation to this evolving technology. The challenges include the integration of AI, which, while capable of passing the bar exam, is susceptible to generating fictitious content, termed as “hallucinations.”
Roberts highlighted the necessity for caution and humility in the application of AI, citing instances where AI-induced hallucinations led lawyers to reference non-existent cases in court documents—an outcome he deemed “always a bad idea.” While not delving into specific details, the Chief Justice acknowledged that such incidents had made headlines during the year.
Recent cases, including that of Michael Cohen, former lawyer to Donald Trump, revealed instances where attorneys inadvertently incorporated fake case citations generated by AI programs into official court filings. The growing trend prompted a federal appeals court in New Orleans to propose a rule regulating the use of generative AI tools, such as OpenAI’s ChatGPT, by lawyers. The rule, introduced by the 5th U.S. Circuit Court of Appeals, mandates lawyers to certify the absence of AI reliance in drafting briefs or ensure human verification of any AI-generated text in court filings.
As the legal landscape grapples with the transformative impact of AI, Chief Justice Roberts’ call for vigilance underscores the need for a balanced and cautious approach to harnessing the potential benefits while mitigating the associated risks.
