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

AI ETHICS

Security commitments and audit rights;

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Breach notification requirements; and

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Indemnification provisions for security failures.

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C.

Sustainability Considerations

When evaluating AI tools for adoption, [Organization Name] should consider the provider’s commitment to energy efficiency and sustainable practices. AI tools require substantial computational resources with associated environmental impacts, and these factors should be weighed alongside functionality and cost.

X. DISCLOSURE AND TRANSPARENCY A. Compliance with Court Orders and Rules

An increasing number of courts have issued standing orders, local rules, or case management orders requiring disclosure of AI use in court filings. Before filing any document, attorneys must:

Review applicable standing orders for the assigned judge;

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Review local rules of the court;

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Review any applicable case management orders;

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{ Check for any jurisdiction-wide rules or guidance on AI disclosure; and

Comply fully with all applicable disclosure and certification requirements.

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B.

Disclosure Statement

When required by court order or rule, filings must include a disclosure statement that:

Identifies whether AI was used in preparing the filing;

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Identifies the specific AI tool(s) used, if required;

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{ Identifies which portions of the filing were AI-assisted, if required; and

{ Certifies that a human attorney reviewed the filing and verified all citations and factual statements.

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

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