Generative artificial intelligence: attorneys and arbitrators.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The act requires an attorney to strictly maintain client confidences and to preserve client secrets at their own peril. This bill would obligate an attorney who uses generative artificial intelligence to practice law to ensure that confidential personal identifying, or other nonpublic information, is not entered into a public generative artificial intelligence system. The bill would also require an attorney to ensure that reasonable steps are taken to verify the accuracy of generative artificial intelligence material and to correct any erroneous or hallucinated output in any material used by the attorney. Existing law requires every pleading, petition, written notice of motion, or other similar paper to be signed by the attorney of record, or if a party is unrepresented, by the party, thereby certifying to the best of the person's knowledge, information, and belief that it is not being presented primarily for an improper purpose and that the claims, defenses, and legal and factual contentions are warranted, as specified. This bill would prohibit a brief, pleading, motion, or any other paper filed in any court from containing any citations that the attorney responsible for submitting the pleading has not personally read and verified, including any citation provided by generative artificial intelligence. Existing law, the California Arbitration Act, provides a statutory framework for the enforcement of contractual arbitration under California law. The act establishes that a written agreement to submit a present or future controversy to arbitration is valid, enforceable, and irrevocable, except as specified. The act defines a neutral arbitrator as one who is selected jointly by the parties or by the parties' arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. The act requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator's impartiality. This bill would prohibit an arbitrator from delegating any part of their decision-making process to any generative artificial intelligence tool. The bill would prohibit an arbitrator from relying on information generated by generative artificial intelligence outside the record without making appropriate disclosures to the parties beforehand. The bill would require an arbitrator to assume responsibility for all aspects of an award, regardless of any use of generative artificial intelligence tools to assist with the decision-making process.