ARTICLE
6 October 2026

California Enacts First-of-Its-Kind Legislation Governing Lawyer AI Use

SS
Seyfarth Shaw LLP

Contributor

With more than 1,000 lawyers across 19 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
California Governor Newsom has signed Senate Bill 574 into law, establishing the nation's first statutory framework governing how attorneys and arbitrators use generative AI in their professional practice. The legislation creates specific obligations around confidentiality protection, accuracy verification, and disclosure requirements that take effect January 1, 2027.
United States California Privacy

California has officially entered a new era of artificial intelligence regulation. Governor Newsom has signed Senate Bill 574 (SB 574) into law—a “first-in-the-nation” measure establishing clear statutory boundaries for how attorneys and arbitrators operating in California use generative AI tools in their professional practice.

As a practical matter, effective as of January 1, 2027, SB 574 creates several core obligations for attorneys. Among them: (1) a duty not to enter confidential, personal identifying, or other nonpublic information into a generative AI system unless access to that system is restricted to the attorney and authorized persons bound to protect its confidentiality; (2) a duty to take reasonable steps to verify the accuracy of AI-generated output, including all case and statutory citations, and to correct any “hallucinated” results; and (3) a duty to disclose the use of generative AI to the court for documents submitted.

If you are an attorney or arbitrator navigating the evolving landscape of legal technology, here is what you need to know about the new requirements.

1. Prohibition on Delegating the Practice of Law

The legislation draws a hard line: under new Business and Professions Code § 6068.1(a)(2), an attorney “shall not delegate the practice of law to generative artificial intelligence.” While generative AI can assist with research, drafting, and routine administrative tasks, the ultimate professional judgment and legal analysis must remain the responsibility of the human attorney.

2. Mandatory Verification and Accuracy

SB 574 makes citation verification a statutory duty. New Business and Professions Code § 6068.1(a)(3)(B) requires attorneys to take reasonable steps to verify the accuracy of AI output—including case and statutory citations—and to correct hallucinated results.

Significantly, an amendment to Code of Civil Procedure § 128.7 reaches even further. It provides that any brief, pleading, motion, or other paper filed in court may not contain a citation the responsible attorney has not personally verified—including, but not limited to, citations generated by AI.

3. Statewide AI Disclosure

SB 574 creates a statewide obligation to disclose the use of generative AI to the court for documents submitted. The law also adds a softer duty for attorneys to “consider whether to disclose” the use of generative AI when it is used to create content provided to the public, including blog posts such as this.

4. Standards for Arbitrators

The law extends beyond traditional courtroom practice to arbitrators. Under new Code of Civil Procedure § 1282.1, an arbitrator “shall not delegate any part of their decision-making process to any generative artificial intelligence tool.” Arbitrators are also barred from relying on AI-generated information outside the record without advance disclosure to the parties and, where practical, an opportunity for the parties to comment.

5. Enforcement and Sanctions

The statute gives courts a clear framework to impose sanctions for violations, and conduct may also be subject to State Bar discipline. This aligns with a growing national trend of courts penalizing counsel for submitting filings that contain AI-generated inaccuracies.

The Bottom Line

SB 574 formalizes what many state bars have emphasized in recent ethics opinions: AI is a tool, not a replacement for legal expertise. The law reinforces attorneys’ existing duties of competence and diligence in the age of generative AI—indeed, it expressly provides that nothing in it abrogates those duties. As regulatory scrutiny increases, firms should prioritize internal policies that mandate human-in-the-loop verification for any AI-assisted work product and ensure attorneys use only firm-approved, secured AI tools when handling nonpublic information.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More