MEMO

To: Prof. M.J. Moran

From: [Your Name], IT Paralegal

Re: Artificial Intelligence, Generative AI, Hallucinations, and NYS Rules of Professional and Ethical Conduct

Date: [Insert Date]

Statement of Assignment

You have asked me to review materials regarding Artificial Intelligence (AI), Generative AI (Gen AI), AI hallucinations, and the New York State (NYS) Rules of Professional and Ethical Conduct. This memo discusses these topics, providing definitions, case law analysis, legislative developments, and recommendations for legal practice.

Discussion

A. Artificial Intelligence Defined and Explained

The term Artificial Intelligence (AI) was first coined by John McCarthy, a leading figure in the field, in 1956 (Stanfords John McCarthy, 2011). AI refers to the capability of machines to mimic human cognitive functions, such as learning, reasoning, and problem-solving (What is Artificial Intelligence (AI)?. IBM). According to Marr (2018), AI is categorized into three types:

1. Strong AI Systems designed to think like humans.

2. Weak AI Systems that function efficiently without human-like reasoning.

3. AI as a Model Using human reasoning as a framework without replicating human cognition.

In the legal profession, AI is used for contract analysis, legal research, and predictive analytics (A primer on using artificial intelligence in the legal profession, 2018). AI-related terms include:

1. Machine Learning (ML): Algorithms that improve with data exposure.

2. Large Language Models (LLMs): AI models that process and generate human-like text.

3. Neural Networks (NN): Computing systems modeled after the human brain for pattern recognition.

AI offers benefits such as efficiency, automation, and data-driven decision-making. However, risks include biases in algorithms, ethical concerns, and AI-generated misinformation (What is Artificial Intelligence (AI)?. IBM).

B. Generative Artificial Intelligence (Gen AI) Defined and Explained & Emerging Tech in Court Trials

Generative AI (Gen AI) is a subset of AI designed to generate new content, such as text, images, and music, based on training data (Adam Zewe | MIT News). According to Stryker and Scapicchio (2024), Gen AI uses deep learning models to create outputs that resemble human-generated content. It is widely used in legal research, content creation, and even courtroom simulations.

Emerging technologies,...

In a recent case, a Florida judge used a VR headset to visualize a crime scene, highlighting how technology aids judicial decision-making (ODriscoll, 2025).

C. New Executive Order on AI and NYS Legislative Proposals

On January 23, 2025, the U.S. government issued an Executive Order on AI aimed at removing barriers to AI leadership (The United States Government, 2025). The order seeks to promote AI innovation while addressing ethical concerns, establish regulatory frameworks for AI implementation, ensure AIs safe and beneficial use across industries.

In NYS, Bill No. A08110 or S08390 proposes rules on the admissibility of AI-generated evidence, focusing on authenticity and transparency (Bill No....

…an expert witness allegedly using AI-generated materials in a court declaration, casting doubt on the testimonys credibility (Order Granting in Part and Denying in Part Plaintiffs Motion, 2025).

F. Judicial Standing Orders

Courts are addressing AI-related issues by issuing Judicial Standing Orders requiring attorneys to disclose and certify AI use in legal filings.

A recent article questions whether such disclosure requirements are necessary or if they place undue burdens on legal professionals (Is disclosure and certification of the use of Generative AI really necessary? 2024). While these orders promote transparency, they may also limit the efficiency AI provides.

G. The New York State Rules of Professional Conduct for Attorneys

The NYS Rules of Professional Conduct require attorneys to maintain competency and confidentiality when using emerging technologies (Professional standards, 2024). Competency Rule (Rule 1.1) states that attorneys must understand the technology they use to provide competent representation. Confidentiality (Rule 1.6) states that AI tools must not compromise client data. Attorneys must balance AIs advantages with ethical responsibilities, ensuring they verify AI-generated content before use.

Conclusion and Solutions/Suggestions for Law Practice

Based on current case law, legal standards, and ethical considerations, law firms should adopt the following measures:

1. AI Verification Protocols: Implement mandatory AI-generated content verification to prevent misinformation in legal filings.

2. Training and Education: Require attorneys and paralegals to complete AI literacy training to understand AI capabilities and risks.

3. Ethical…