Following up on my previous post, New York Times, Here’s What Happens When A Lawyer Uses ChatGPT: New York Times, The ChatGPT Lawyer Explains Himself:
In a cringe-inducing court hearing, a lawyer who relied on A.I. to craft a motion full of made-up case law said he “did not comprehend” that the chat bot could lead him astray.
As the court hearing in Manhattan began, the lawyer, Steven A. Schwartz, appeared nervously upbeat, grinning while talking with his legal team. Nearly two hours later, Mr. Schwartz sat slumped, his shoulders drooping and his head rising barely above the back of his chair.
For nearly two hours Thursday, Mr. Schwartz was grilled by a judge in a hearing ordered after the disclosure that the lawyer had created a legal brief for a case in Federal District Court that was filled with fake judicial opinions and legal citations, all generated by ChatGPT. The judge, P. Kevin Castel, said he would now consider whether to impose sanctions on Mr. Schwartz and his partner, Peter LoDuca, whose name was on the brief.
At times during the hearing, Mr. Schwartz squeezed his eyes shut and rubbed his forehead with his left hand. He stammered and his voice dropped. He repeatedly tried to explain why he did not conduct further research into the cases that ChatGPT had provided to him.
“God, I wish I did that, and I didn’t do it,” Mr. Schwartz said, adding that he felt embarrassed, humiliated and deeply remorseful.
“I did not comprehend that ChatGPT could fabricate cases,” he told Judge Castel.
In contrast to Mr. Schwartz’s contrite postures, Judge Castel gesticulated often in exasperation, his voice rising as he asked pointed questions. Repeatedly, the judge lifted both arms in the air, palms up, while asking Mr. Schwartz why he did not better check his work.
As Mr. Schwartz answered the judge’s questions, the reaction in the courtroom, crammed with close to 70 people who included lawyers, law students, law clerks and professors, rippled across the benches. There were gasps, giggles and sighs. Spectators grimaced, darted their eyes around, chewed on pens. …
He told Judge Castel on Thursday that he had believed ChatGPT had greater reach than standard databases.
“I heard about this new site, which I falsely assumed was, like, a super search engine,” Mr. Schwartz said. …
Rebecca Roiphe, a New York Law School professor who studies the legal profession, said the imbroglio has fueled a discussion about how chatbots can be incorporated responsibly into the practice of law.
“This case has changed the urgency of it,” Professor Roiphe said. “There’s a sense that this is not something that we can mull over in an academic way. It’s something that has affected us right now and has to be addressed.”
The worldwide publicity spawned by the episode should serve as a warning, said Stephen Gillers, who teaches ethics at New York University School of Law. “Paradoxically, this event has an unintended silver lining in the form of deterrence,” he said.
- Bloomberg, ‘I Failed Miserably’: Lawyer Who Used ChatGPT in Brief Explains Fake Cases to Judge
- Daily News, NYC Judge Scolds Lawyer For Using ChatGPT to Write Brief Full of ‘Legal Gibberish’; Attorney Swears Robot ‘Duped’ Him
- Forbes, Lawyer Used ChatGPT In Court—And Cited Fake Cases. A Judge Is Considering Sanctions
- Law360, ChatGPT Mishap Attys 'Truly Mortified,' Ask For No Sanctions
- New York Post, ‘Humiliated’ NY Lawyer Who Used ChatGPT for ‘Bogus’ Court Doc Profusely Apologizes
- Tech Dirt, The Sanctions Hearing For ChatGPT Using Lawyers… Did Not Go Well
