Chat GPT and AI have been a hot topic in the legal field as of late. Many legal research databases such as Lexis and Westlaw have invested millions of dollars into this new and emerging technology. While Lexis and Westlaw are both companies that will combine their legal databases with AI technology, these features have not been released to the public just yet. They are still being tested and adapted for improvement to be used by legal professionals.
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While the AI features of common legal research databases are not currently accessible, ChatGPT is. With that being said, it is not something that should or can be used for legal research, especially without double checking the results received by the AI. Some attorneys have learned this lesson the hard way. An attorney, Steven Schwartz, who works with Levidow, Levidow & Oberman in New York submitted a brief to the court with at least six cases that did not exist. Schwartz eventually had to admit that he used ChatGPT for his legal research. He asked ChatGPT if the citations were real cases and the AI confirmed they were and “’can be found on legal research databases such as Westlaw and LexisNexis’”. He told the judge that he was “’unaware of the possibility that its content could be false.”’ They even continued to stand by the accuracy of these cases that don’t exist when they were called into question by judicial orders.
Unfortunately for Schwartz and his firm, his apology and ignorance of the way ChatGPT functions was not enough for the judge, who imposed sanctions upon him due to this misstep. Judge Castel ordered “both LoDuca and Schwartz, along with their law firm Levidow, Levidow & Oberman, to each pay $5,000 in fines.” They are also required to “notify each judge falsely identified as the author of the bogus case rulings about the sanction.” These sanctions were put in place because, according to Judge Castel, “’in researching and drafting court submissions, good lawyers appropriately obtain assistance from junior lawyers, law students, contract lawyers, legal encyclopedias and databases such as Westlaw and LexisNexis.’” It is up to the attorneys to ‘”ensure the accuracy of their filings.’”
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ChatGPT and AI are exciting new developments in technology that when appropriately utilized can help a variety of different groups of people. Unfortunately, Schwartz and his firm were not careful enough in ensuring this technology would help him achieve accurate results. It may be wise for attorneys to wait until AI technology has been regulated so they do not fall into any of the potential risks that are already being experienced by others. As always, it’s important to check your sources when reviewing information but this fact just continues to become more relevant as AI continues to grow more popular. Texas Governor, Greg Abbott, retweeting a false satirical newspaper article as if it were fact just reinforces the need to slow down and fact check whenever possible online.
To read more about how to avoid being tricked by misinformation and for more on AI please see the links below.
How to avoid falling for misinformation, fake AI images on social media
Ways to avoid the spread of false info on social media
Web Evaluation & News Sources
Stop talking about tomorrow’s AI doomsday when AI poses risk today
The rise of AI phone scams
How to spot a fake video