Despite a few high-profile cases in recent years with lawyers getting caught using LLM-generated documents and facing disciplinary action due to this, it would seem that this is not deterring many other lawyers from following them off this particular cliff, per reporting from NPR.
We reported back in the innocent days of 2023 about the amusing case of Robert Mata v. Avianca, Inc. In this case, the plaintiff’s lawyer decided to have ChatGPT ‘assist’ with the legal filing, which ended up being filled with non-existent cases being cited, despite the chatbot’s assurance that these were all real cases. Now it would seem that this blind trust in cases cited by LLM chatbots is becoming the rule, rather than the exception.
Last year a record number of lawyers fell into the same trap, with many lawyers getting fined thousands of dollars for confabulated case citations. According to a researcher at the business school HEC Paris, who is keeping a worldwide tally, the count so far is 1,200, of which 800 originate from US courts.
Unsurprisingly, penalties are also increasing in severity, with monetary penalties passing the $100,000 and some courts demanding that any use of ‘AI’ be declared up-front. Whether or not the popularity of LLM chatbots among US lawyers is simply due to the massive caseload that digging through cases in Common Law legal systems entails has not yet been addressed, but that undesirable shortcuts are being taken is undeniable.
Remember that it’s easy to point and laugh, but the next case could involve the lawyer handling your delicate situation.
This articles is written by : Nermeen Nabil Khear Abdelmalak
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