The U.S. Court of Appeals for the Fifth Circuit is solicit feedback on a proposed change. Rule 32.3 would now restrict the use of generative AI (with changes in red):
32.3. Certificate of conformity. See Form 6 in the Fed Forms Appendix. R.App. P. Additionally, attorneys and self-represented filers must further certify that no generative artificial intelligence program was used in drafting the document submitted for filing, or that to the extent such program was Used, all generated text, including all legal citations and analysis, has been reviewed for accuracy and approved by a human. A material misrepresentation in the certificate of conformity may result in striking THE document and sanctions against the person signing the document.
The new certificate of compliance would require the lawyer to check one of the following two boxes:
3. This document complies with the AI use reporting requirement of the 5th Cir. R. 32.3 because:
no generative artificial intelligence programs were used in the preparation of this document, or
A generative artificial intelligence program was used in the preparation of this document and all generated text, including all legal citations and analysis, has been reviewed for accuracy and approved by a human.
I think this proposal strikes a good balance. Lawyers are not prohibited from using generative AI, but they must attest that they have used the technology. And you can be sure that submissions with the AI box checked will be looked at more carefully. Indeed, I would like to see an empirical study done on memoirs that check the second box. Clients may also want to see this information: They may think about lawyers who charge for their time to use generative AI.
