Everyone seems to be talking about ChatGPT, but what is it? ChatGPT is a chatbot powered by a large language model that is pre-trained on vast amounts of data. It is mistakenly referred to as generative AI (GAI), but it would be more accurate to say that it is a specific implementation of generative AI designed to engage in and generate human-like dialogue.
AI tools like ChatGPT, Bing Chat, and Bard have a wide range of potential uses in the legal profession. One is legal writing. Here are some articles about the use of AI in legal writing:
However, as revolutionary as they are, these new AI tools also raise serious ethical concerns. The following section offers some resources to help you distinguish between permissible and impermissible use of AI in legal writing.
At this time, there is little consensus on whether AI should be cited as sources of information or treated as co-authors. Nor are there clear rules on how to cite AI in the citation style set forth by The Bluebook.
If your professor is permitting the use of AI for your writing assignment, ask about their preferences and rules on using and citing AI.
If you are writing for law reviews and journals, be aware that they have varying approaches to the use of AI and AI authorship. At the very least, many journals require some kind of acknowledgment or disclosure regarding the author's use of AI. Carefully review the submissions guidelines for each journal or reach out to their editorial staff for clarification.
Judges have varying policies on whether lawyers may use or cite AI. One may ban it altogether, while another requires disclosure. There are trackers for standing court orders and local rules regarding the use of AI. So do your research, ask around, and never assume!
In the absence of any guidelines, here is our best guess for how a Bluebook citation to a generative AI response should look.
Community Standards & Student Conduct
The use of ChatGPT and other generative AI tools is not expressly prohibited by any one UW policy. However, the use of these technologies may violate certain academic standards.
Use of AI technologies may violate the Law School's academic policies regarding plagiarism. Section 2-101 defines “plagiarism" as "the submission or presentation of someone else's words, composition, research, or expressed ideas, whether published or unpublished, without attribution." Plagiarism includes, but is not limited to: