Practice Management: Judicial Conference–Proposed Amendments to the Federal Rules of Evidence and Federal Rules of Civil Procedure

This session examines the benefits and risks of generative AI in legal practice, including Chief Justice Roberts’ perspective on AI requiring caution and humility. Topics include increased access to justice for under-resourced litigants, the dangers of AI hallucinations and fake citations, confidentiality concerns with privileged information, and the distinction between open and closed source AI systems.

This session explores the evolving regulatory landscape including NIST frameworks, ISO definitions, and the proposed TRAIN Act that addresses AI training data transparency. Participants will examine ABA Formal Opinion 512’s guidance on ethical AI use and the proposed amendments to Federal Rules of Evidence, including new Rule 707 governing machine-generated evidence and modifications to Rule 609.

This session analyzes key cases where attorneys faced sanctions for AI-generated hallucinations, including the Mata case and Wilson case from the Northern District of Texas. Participants will learn practical strategies for risk mitigation through the five principles framework, proper discovery practices, local rule compliance, and maintaining professional responsibility when integrating AI into legal workflows.