Technology

[Eugene Volokh] AI-Generated Briefing Must Be Cite-Checked by Lawyer, Not Just a Paralegal

California Court of Appeal Rules AI-Generated Briefs Must Be Closely Vetted by Lawyers

A recent decision from the California Court of Appeal has highlighted the importance of scrutinizing AI-generated materials in high-stakes legal cases. The ruling, written by Justice Jeremy Goldman, specifies that AI-generated briefs should be carefully reviewed by lawyers, not just paralegals or junior attorneys.

The case, Del Biaggio v. Bansen, revolves around a dispute over the sale of a business. One party’s lawyers used an AI tool to generate a brief, which was later relied upon by the court. However, the judges were not satisfied with the lack of human oversight.

In their decision, Justice Goldman and his colleagues stressed that AI-generated materials cannot replace the judgment and expertise of experienced lawyers. While AI can process vast amounts of data quickly and accurately, it often lacks the nuance and context that human attorneys bring to a case.

**What This Means**

This ruling serves as a reminder that AI-generated materials should not be taken at face value, particularly in situations where accuracy and relevance are paramount. It emphasizes the importance of human review and verification to ensure that AI-generated briefs are reliable and relevant to the case at hand.

The decision also underscores the need for judges and attorneys to be aware of the limitations of AI tools, even those marketed as sophisticated and reliable. By requiring close vetting of AI-generated briefs, the California Court of Appeal is promoting a higher standard of accountability and due diligence in the legal profession.

**Implications for the Legal Industry**

The Del Biaggio v. Bansen decision has significant implications for the legal industry, particularly for law firms and attorneys that rely heavily on AI-generated materials. It suggests that the use of AI tools should be subject to strict guidelines and oversight, to prevent errors or misrepresentations that could compromise the integrity of a case.

**Looking Ahead**

As AI technology continues to advance, we can expect to see more cases like Del Biaggio v. Bansen, where the intersection of human expertise and machine-generated content comes under scrutiny. The California Court of Appeal’s decision sets a precedent for judges and attorneys to be more critical of AI-generated materials, and to prioritize human judgment and oversight in the decision-making process.

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