Source: Georgetown Law Legal Ethics Journal

Georgetown Law Legal Ethics Journal presents an academic article proposing a new "AI Adequacy Test" for class action litigation. The paper addresses the emerging trend of plaintiffs' firms using AI to identify class members, manage communications, and even make strategic settlement decisions. The author argues that this reliance creates a risk of "Artificial Adequacy," where the AI tool prioritizes efficiency or the firm's fees over the best interests of the class members, potentially violating Federal Rule of Civil Procedure 23(g).

The article suggests that courts should require a specific disclosure and audit of any AI systems used to administer class actions to ensure they do not harbor biases or conflicts of interest. It proposes that the "adequacy of counsel" requirement must now extend to the "adequacy of the technology" employed by counsel. This theoretical framework aims to modernize legal ethics for the era of automated mass justice.