Courts and legal practitioners must implement a risk-based, principle-driven framework for utilizing generative AI (GenAI) to ensure innovation aligns with accountability and human oversight. Risk levels should be assessed according to specific workflows, categorizing tools from low (productivity) to high risk (decision-support). Courts need to establish independent benchmarks to evaluate AI systems, as vendor claims can be misleading. Continuous rigorous benchmarking is crucial to detect potential drift, degradation, and bias in these systems over time.
Human judgment is pivotal; practitioners should carefully consider if they would delegate tasks to AI, especially regarding sensitive decisions. The framework also distinguishes between “human in the loop” and “human on the loop” oversight for effective monitoring and intervention. Technical AI competence among lawyers and judges is vital for maintaining ethical standards and public trust. A diligent, risk-informed approach trusts in GenAI while upholding due process and transparency within the legal system.
Source link
