Embracing Change in the Emerging World of A.I. Legal Research Considerations for the Virginia Attorney
The use of electronic data-based research and artificial intelligence (AI) for legal research is now a part of our legal lives and will only continue to expand. Understanding the advantages, pitfalls, and limitations of its use are essential for modern legal practices.
Pleadings in Virginia courts are subject to several rules and considerations:
Definition and Use of AI Tools
In the context of criminal procedure, Virginia law defines “artificial intelligence-based tool” as any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions. Virginia Code §19.2-11.14.
Decisions in criminal matters, such as pre-trial detention, sentencing, or parole, must involve a human decision-maker. Any recommendations or predictions generated by AI tools can be challenged or objected to as permitted by law. Virginia Code §19.2-11.14.
Legal Research Tools
The Supreme Court of Virginia has authorized the Virginia State Bar to provide online computerized legal research services to its members. The vLex/Fastcase Legal Research tool (https://vsb.org/Site/Site/lawyers/fastcase-va.aspx ) is now available to Virginia State Bar licensed attorneys for free. This initiative aims to improve the quality and reduce the costs of legal services, enhance access to legal services for indigent clients, and support pro bono work by reducing research costs and time. Va. Sup. Ct. R. pt. 6, sec. IV, 21.
While this provision does not explicitly address generative AI tools, it underscores the importance of technology in enhancing legal research efficiency and accessibility. Va. Sup. Ct. R. pt. 6, sec. IV, 21.
Pleadings and Certifications
Attorneys filing pleadings in Virginia courts must ensure that their submissions are well-grounded in fact, warranted by existing law, or supported by a good faith argument for the extension or modification of the law. This requirement applies regardless of whether AI tools are used in drafting. Virginia Code §8.01-271.1.
Pleadings must be signed by the attorney or unrepresented party, and the signature certifies compliance with these standards. Virginia Code §8.01-271.1.
Local and Judge-Specific Rules
In summary, while Virginia law does not explicitly prohibit the use of AI tools for legal research or drafting pleadings, attorneys must ensure compliance with existing rules regarding the accuracy, good faith, and proper purpose of their submissions. Additionally, local and judge-specific rules may impose further requirements, such as disclosure or certification, when AI tools are utilized. Attorneys should remain vigilant in adhering to these evolving standards to avoid potential challenges or objections. Attribution is key to any proper legal argument and verification of the source of the “authority” should always be done and verified by the attorney drafting and signing any pleading.
If you’re unsure about what applies to your situation, consider speaking with one of our experienced attorneys at Briglia Hundley. They can help make sure every box is checked as you start your next chapter.
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