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Bills

AB 2811: Attorneys: court filings: artificial intelligence.

  • Session Year: 2023-2024
  • House: Assembly
  • Latest Version Date: 2024-03-21

Current Status:

Failed

(2024-04-01: Re-referred to Com. on JUD.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law, the State Bar Act, regulates the conduct of attorneys. Existing law provides that it is the duty of an attorney to, among other things, support the Constitution and laws of the United States and this state, and to maintain inviolate the confidence, and at every peril to the attorney to preserve the secrets, of the attorneys client.

This bill would additionally require an attorney to execute and maintain, for a period of 7 years, an affidavit certifying whether generative artificial intelligence, as defined, was used in the drafting of each document that the attorney files, or intends to file, in a state or federal court within this state. The bill would require an attorney to, upon request or demand by a state or federal court within this state, file the affidavit with the court, provided that the 7-year retention period has not yet expired.

Existing law regulates the conduct of attorneys, legal document assistants, unlawful detainer assistants, and paralegals. Existing law establishes procedural rules governing pleadings, motions, notices, and other filings in civil and criminal actions and proceedings in trial and appellate courts in this state.This bill would express the intent of the Legislature to enact legislation that would require legal professionals to disclose to the court whether they have used artificial intelligence or machine learning to prepare any pleadings, motions, or other documents filed with any court in this state.

News Coverage:

AB 2811: Attorneys: court filings: artificial intelligence. | Digital Democracy