Lawyers and High School Students Cut Corners
March 6, 2025
Cost-cutting lawyers beware: using AI in your practice may make it tough to buy a new BMW this quarter. TechSpot reports, "Lawyer Faces $15,000 Fine for Using Fake AI-Generated Cases in Court Filing." Writer Rob Thubron tells us:
"When representing HooserVac LLC in a lawsuit over its retirement fund in October 2024, Indiana attorney Rafael Ramirez included case citations in three separate briefs. The court could not locate these cases as they had been fabricated by ChatGPT."
Yes, ChatGPT completely invented precedents to support Ramirez’ case. Unsurprisingly, the court took issue with this:
"In December, US Magistrate Judge for the Southern District of Indiana Mark J. Dinsmore ordered Ramirez to appear in court and show cause as to why he shouldn’t be sanctioned for the errors. ‘Transposing numbers in a citation, getting the date wrong, or misspelling a party’s name is an error,’ the judge wrote. ‘Citing to a case that simply does not exist is something else altogether. Mr Ramirez offers no hint of an explanation for how a case citation made up out of whole cloth ended up in his brief. The most obvious explanation is that Mr Ramirez used an AI-generative tool to aid in drafting his brief and failed to check the citations therein before filing it.’ Ramirez admitted that he used generative AI, but insisted he did not realize the cases weren’t real as he was unaware that AI could generate fictitious cases and citations."
Unaware? Perhaps he had not heard about the similar case in 2023. Then again, maybe he had. Ramirez told the court he had tried to verify the cases were real—by asking ChatGPT itself (which replied in the affirmative). But that query falls woefully short of the due diligence required by the Federal Rule of Civil Procedure 11, Thubron notes. As the judge who ultimately did sanction the firm observed, Ramirez would have noticed the cases were fiction had his attempt to verify them ventured beyond the ChatGPT UI.
For his negligence, Ramirez may face disciplinary action beyond the $15,000 in fines. We are told he continues to use AI tools, but has taken courses on its responsible use in the practice of law. Perhaps he should have done that before building a case on a chatbot’s hallucinations.
Cynthia Murrell, March 6, 2025
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