California is drawing a statutory line between using artificial intelligence to assist legal work and allowing it to exercise professional judgment.
Senate Bill 574, signed by Gov. Gavin Newsom Sept. 30, regulates generative AI use by attorneys and arbitrators, as fabricated case citations in legal briefs intensify concerns about lawyers’ reliance on automated systems.
The California state statute is the first in the United States aimed specifically at these AI uses in legal work, according to an Oct. 26 analysis by attorneys at Mayer Brown, marking a shift from professional guidance toward binding requirements.
The law addresses two related risks, including unreliable AI output entering legal proceedings and critical decisions being delegated to systems that cannot assume professional responsibility, the analysis said. Many provisions reinforce existing ethical duties, but putting them into statute gives these obligations a more explicit legal foundation.
For lawyers, the rules combine restrictions on delegation with requirements covering confidentiality, verification and disclosure. Attorneys may not delegate the practice of law to generative AI. They must take reasonable steps to verify its output, including every case and statutory citation, and correct erroneous or hallucinated material, according to the analysis.
