Two attorneys were faced with a fairly fortunate turn of events using an artificially-intelligent chatbot to file a lawsuit backed with non-existent cases.
The two lawyers, referred to here as Lawyers A and B (though their names are published in the official court order), had been embroiled in a litigation dealing with a client who allegedly wounded their knee during a flight and wanted to sue the airline.
Lawyer A took on the legal proceedings and relied on ChatGPT for legal research. The AI chatbot provided six purportedly similar previous cases, which they included in the filing. Lawyer B represented the client, as he was the only one of the pair admitted to the federal court. Before doing so, he approved the submission.
As court proceedings went on, it was revealed that ChatGPT had completely invented those six cases. When the attorneys were asked about its involvement, they reportedly attempted to evade responsibility for relying solely on the chatbot and neglecting to verify its claims.
In a recent decision, federal judge P. Kevin Castel opted not to impose sanctions that could have negatively impacted their careers. Instead, the judge settled for a mere US$5,000 fine, considering their actions as “bad faith.”
In his ruling, Castel acknowledged that he did not object to using AI in the legal field but emphasized that attorneys have a responsibility to ensure the accuracy of their submissions.
In the court order by Castel, he cited that the attorneys “abandoned their responsibilities when they submitted non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT, then continued to stand by the fake opinions after judicial orders called their existence into question.”
“Many harms flow from submitting fake opinions,” the order read. “The opposing party wastes time and money in exposing the deception. The court’s time is taken from other important endeavors. The client may be deprived of arguments based on authentic judicial precedents.”
Ultimately, the fine imposed on Lawyers A and B have been attributed to their employment of contradictory explanations and initial attempts to deceive the court during the defense of their legal proceedings. In light of the fact that the evidence presented in court was essentially fabricated, the resulting punishment can be seen as a mere slap on the wrist.
On top of that, the fictitious cases had also used the name of real judges, and Castel has since ordered the pair to inform the judges referenced in their filing about the ordeal.
Despite escaping more severe consequences, the attorneys’ law firm is contemplating an appeal, stating they had already apologized to the court and their client. It maintained that failing to recognize that technology could fabricate cases should be seen as a good-faith mistake in an unprecedented situation.
As for the underlying litigation against the airline company, the judge has dismissed it entirely as it has passed the statute of limitations.