Parity in Practice: The Defender's Duty to Ethically Use AI

AI ETHICS

Treat AI-generated summaries of privileged information as privileged and protect accordingly; Document the precautions taken to maintain confidentiality when using AI tools; and Consult with supervisory counsel before using AI tools for any matter involving particularly sensitive privileged information.

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VII. ACCURACY AND VERIFICATION PROTOCOLS A. Mandatory Human Review

All AI-generated content must be independently reviewed and verified by a qualified attorney before use. AI output may never be submitted to a court, shared with opposing counsel, or provided to a client without thorough human review. B. Citation Verification

All legal citations generated or suggested by AI must be independently verified. Attorneys must:

{ Confirm that each cited case, statute, rule, or regulation exists using traditional legal research databases (e.g., Westlaw, Lexis, official court websites);

Verify that cited authorities have not been overruled, reversed, or otherwise negatively treated; Confirm that cited authorities actually support the propositions for which they are cited; Review the full text of any cited authority to ensure accurate representation; and

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Document the verification process for each court filing.

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C.

Factual Verification

All factual assertions generated by AI must be verified against primary sources, including case files, discovery materials, and other authoritative records.

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Parity in Practice: The Defender’s Duty to Ethically Use AI

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