Lawyers have expressed concern with a federal appeals court’s proposed artificial intelligence review certification rule, calling it vague and a potential threat to work-product privilege.

More than a dozen attorneys or firms submitted comments to the U.S. Court of Appeals for the Fifth Circuit about its proposal to require lawyers to check a box confirming no generative AI program was used in drafting the filing, or if one was used, to certify that the citations, legal analysis and any other text have “been reviewed for accuracy and approved by a human.”

Definition of Generative AI