![]() The judge said he’ll rule on sanctions at a later date. “It highlights the dangers of using promising AI technologies without knowing the risks,” Shin said. He said the case demonstrated how the lawyers might not have understood how ChatGPT works because it tends to hallucinate, talking about fictional things in a manner that sounds realistic but is not. “This was the first documented instance of potential professional misconduct by an attorney using generative AI.” “We’re talking about the Southern District of New York, the federal district that handles big cases, 9/11 to all the big financial crimes,” Shin said. ![]() He said the subject drew shock and befuddlement at the conference. ![]() “What he was doing was playing with live ammo.”ĭaniel Shin, an adjunct professor and assistant director of research at the Center for Legal and Court Technology at William & Mary Law School, said he introduced the Avianca case during a conference last week that attracted dozens of participants in person and online from state and federal courts in the U.S., including Manhattan federal court. He thought he was dealing with a standard search engine,” Minkoff said. Schwartz, someone who barely does federal research, chose to use this new technology. He said lawyers have historically had a hard time with technology, particularly new technology, “and it’s not getting easier.” It was initially described as a wrongful death case brought by a woman against an airline only to morph into a legal claim about a man who missed a flight to New York and was forced to incur additional expenses. The judge confronted Schwartz with one legal case invented by the computer program. Avianca pointed out the bogus case law in a March filing. Judge Castel seemed both baffled and disturbed at the unusual occurrence and disappointed the lawyers did not act quickly to correct the bogus legal citations when they were first alerted to the problem by Avianca’s lawyers and the court. Kevin Castel said that the attorneys, Peter LoDuca and Steven Schwartz, 'abandoned their responsibilities' when they submitted the A.I. Schwartz, a resident of Monterey, concentrates his practice in the areas of family business planning, mergers and acquisitions, corporate law and estate planning. Hundreds of industry leaders signed a letter in May that warns “ mitigating the risk of extinction from AI should be a global priority alongside other societal-scale risks such as pandemics and nuclear war.” Its success, demonstrating how artificial intelligence could change the way humans work and learn, has generated fears from some. Microsoft has invested some $1 billion in OpenAI, the company behind ChatGPT. “I did not comprehend that ChatGPT could fabricate cases,” Schwartz said.
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