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AB2811 mandates that attorneys in California maintain an affidavit for seven years, certifying whether generative AI was used in drafting court documents. This affects legal professionals filing documents in state or federal courts within California.
Key Provisions
Section 6068.1: Requires attorneys to maintain an affidavit certifying AI use in court document drafting.
Defines 'generative artificial intelligence' and outlines affidavit requirements.
Latest Legislative Action
In committee: Set, first hearing. Hearing canceled at the request of author.
Bill Sponsors
Name
Role
District
Josh LowenthalD
Sponsor
HD-069
Compliance Checklist
Ensure AI tools used in court filings meet new standards. Who: Attorneys using AI in California. Deadline: Not specified Penalty: Potential disciplinary actions by the state bar.
Full Legal Analysis
Assembly Bill 2811, introduced by Assembly Member Lowenthal, proposes the addition of Section 6068.1 to the Business and Professions Code. This bill requires attorneys to execute and maintain an affidavit for each document filed or intended to be filed in a state or federal court within California. The affidavit must certify whether generative artificial intelligence was used in drafting the document. The affidavit must be retained for seven years from the document's creation date. Upon request or order by the court, the attorney must file the affidavit, provided the retention period has not expired. The bill defines 'generative artificial intelligence' as a machine-based system capable of making predictions, recommendations, or decisions based on human-defined objectives. The bill expresses the Legislature's intent to ensure transparency in legal proceedings by requiring disclosure of AI use in document preparation.
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