The measure would set requirements for the use of generative AI by attorneys and arbitrators.

The California Senate advanced Senate Bill 574, a proposal that would impose statutory duties on attorneys and arbitrators who use generative AI in legal practice, sending the measure to the State Assembly for further action this year. The bill, introduced by State Senator Tom Umberg (D), was amended and passed the Senate 39-0 before being read in the Assembly and held at the desk.

The amended bill would require attorneys using generative AI to ensure that confidential, personal identifying, or other non-public information is not entered into a public generative AI system and that reasonable steps are taken to verify the accuracy of AI-generated content and correct any errors or “hallucinated” output.

The bill would also prohibit a court filing from containing any citation that the attorney responsible for submitting the document has not personally read and verified, including citations produced by generative AI. In addition, under the proposed Section 1282.1 of the Code of Civil Procedure, an arbitrator would be barred from delegating aspects of decision-making to generative AI tools and from relying on AI-generated information outside the record without appropriate disclosure to the parties.

If enacted, SB 574 would apply to licensed attorneys and arbitrators operating under California law. It reflects legislative measures to clarify professional obligations amid the increasing use of AI in legal proceedings.

WordPress excerpt
California’s Senate passed SB 574 on January 29, requiring attorneys using generative AI to safeguard confidential information, verify AI-produced content, and barring arbitrators from delegating decision-making to AI. The bill now moves to the Assembly for further consideration.