Existing law, the State Bar Act, regulates attorneys practicing in California and requires attorneys to protect confidential client information. Existing law also requires attorneys to sign pleadings and other papers filed with a court, thereby certifying, among other things, that the legal and factual contentions contained in the filing are warranted. Separately, the California Arbitration Act establishes requirements governing arbitrators, including disclosure requirements intended to protect the impartiality of neutral arbitrators.
SB 574 establishes new requirements governing attorneys’ and arbitrators’ use of generative AI. SB 574 states explicitly that an attorney may not delegate the practice of law to generative AI and, when using generative AI to assist in practicing law, must exercise independent professional judgment. SB 574 also restricts attorneys from entering confidential, personally identifying, or other nonpublic information into generative AI systems unless specified protections apply. Attorneys must take reasonable steps to verify the accuracy of AI-generated output and correct erroneous or hallucinated information in materials they use. In addition, an attorney responsible for submitting a brief, pleading, motion, or other paper to a court must personally verify the citations contained in the filing, including citations generated by AI. A violation of such requirements is subject to court sanctions.
SB 574 also regulates arbitrators’ use of generative AI. An arbitrator may not delegate any part of the arbitrator’s decision-making process to a generative AI tool. An arbitrator further cannot rely on AI-generated information outside the record without making specified disclosures to the parties.
SB 574 amends section 6173 of, and adds section 6068.1 to, the Business and Professions Code, and amends section 128.7 of, and adds sections 180 and 1282.1 to, the Code of Civil Procedure.
