Most lawyers are aware of the high-profile cases in which attorneys were sanctioned or otherwise disciplined for submitting AI-generated false information to courts. Fewer realize that judges and court personnel are also increasingly using AI in their own work. When judges or court staff misuse AI, they may face sanctions or discipline themselves, but the misuse can also trigger ethical obligations for the lawyers appearing before them.
This program aims to raise lawyers’ awareness of those obligations and to help them recognize when judicial misuse of AI may require action on their part. In addition to exploring emerging authorities, this program will consider a number of hypotheticals addressing currently arising scenarios involving judicial misuse of AI. Numerous provisions of the ABA Model Rules of Professional Conduct will be addressed during this program, including Rules 1.1, 1.6, 3.1, 3.3, 5.1, 8.3, 8.4. The following provisions from the ABA Model Code of Judicial Conduct will also be addressed: Canon 1, Rules 1.1, 1.2, 1.4, 2.3, 2.5, 2.9, 2.12, 2.15, 3.5.