- Morgan & Morgan has warned its lawyers against including AI hallucinations in legal work, with the threat of disciplinary action.
- According to a survey, 63% of lawyers have used AI tools for work in the past, with 12% using them regularly.
- Lawyers caught using unverified AI-generated citations can face penalties, including fines and mandatory courses on generative AI use.
- Morgan & Morgan, a US personal injury law firm, reportedly sent an urgent email this month to the over 1,000 lawyers it retains. The communique contained a crucial warning about AI’s capabilities to come up with very convincing fake case laws.
The law firm warned that any lawyer who uses this made-up information in a court filing to support their argument could get dismissed.
The message was clear and straight to the point.
The powers that be at Morgan & Morgan could not afford to mince words because a federal judge in Wyoming had just threatened to sanction two lawyers at the firm for including fictitious case citations in a lawsuit against Walmart.
According to the admission of one of the lawyers who used AI hallucinations in a court filing, he used an AI program that “hallucinated” the cases and apologized for what he called an inadvertent mistake.
Judge yet to decide disciplinary action against Morgan & Morgan lawyers
For a long time, skeptics have anticipated the worst scenarios from AI proliferation. Now, AI is affecting the legal system, with its made-up cases leading courts around the country to question or even punish erring lawyers.
There have been at least seven cases over the past two years, and it has officially become a new high-tech headache for litigants and judges who now have to first determine the credibility of lawyers’ arguments.
The Walmart case is one of the more popular cases of a lawyer using AI “hallucinations” in court as it involves a well-known law firm and a big corporate defendant. However, its use has been observed in various other less popular lawsuits since chatbots like ChatGPT jumpstarted the AI era.
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