Generative AI in American and Canadian courts: a ‘training’ approach to regulation

Increased usage of generative artificial intelligence (AI) within the legal profession has prompted responses from the judiciary, resulting in the issuance of various practice directives. The spectrum of these directives ranges from conservative recommendations to more radical measures demanding lawyers to disclose their use of generative AI in the preparation of legal documents or certify the absence of such software in their creation. This article explores the development of a comprehensive framework for judicial guidance on generative AI use in legal proceedings in Canada, highlighting key elements of such guidance. The author contemplates a 'training' approach to regulating generative AI use in legal proceedings, focusing more on the user than the technology itself. This approach emphasises the need for judicial guidance to balance constructive engagement with generative AI with lawyers' ethical responsibilities.