Ethical Considerations in Writing Appellate Briefs: The Usual Suspects and the Emerging Complications Presented by the Use of Generative Artificial Intelligence
Judge Jerry N. Jones, Colorado Court of Appeals
Tuesday, November 14, 2023, 11:45am-1pm
Hybrid Format – In person and virtual
CEMS has received one (1) ethics CLE credit for this presentation
This program will cover ethical issues that arise in the context of briefing in cases on appeal. These issues are not entirely unique to cases on appeal and also frequently arise in the context of briefing in the trial courts. Such issues include competence to represent a party on appeal, including technological competence; diligence; communication with the client; proper presentation of arguments; candor toward the court; and decorum. The presentation will also cover ethical concerns raised by the rapidly increasing and evolving use of generative artificial intelligence (AI), such as ChatGPT, in drafting briefs. Such use of AI raises many of the ethical concerns common to the preparation of appellate briefs, but in different ways than such concerns ordinarily arise. We will also explore how courts around the country, including those in Colorado, are addressing these concerns.
Judge Jerry N. Jones has served on the Colorado Court of Appeals since 2006. Before that he was Chief of the Appellate Division of the United States Attorney’s Office for the District of Colorado, an attorney with Moye White LLP in Denver, a Special Assistant Attorney General for the Colorado Attorney General’s Office, and a judicial clerk to Justice George Lohr of the Colorado Supreme Court. He graduated from Arizona State University and obtained his law degree from the University of Denver Sturm College of Law. Judge Jones has served on several bar association and judicial committees. He currently chairs the Colorado Supreme Court’s Civil Rules Committee.
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