A litigant in person using the ChatGPT chatbot to research the law presented false citations before a civil court in Manchester.
The Background
We seem to hear daily reports on the increasing use of Artificial Intelligence and other advanced digital technologies. The legal field is no exception. Websites dedicated to artificial intelligence in law claim they can create legal documents online and general legal text that is accurate and authentic. Many firms are already using language models such as ChatGPT for legal marketing purposes and to draft legal documents.
While AI is rapidly changing legal practice and offers significant benefits, it is also crucial to be aware of and protect against the potential pitfalls that come hand in hand. A recent New York court case came under international attention when two layers used the AI tool, ChatGPT, to draft court submissions without fully understanding how it works, with dire consequences for their clients. You can read more about the risks associated with AI applications such as ChatGPT to your business and how you can mitigate them in our article here.
ChatGPT Produced False Citations
This particular case involved one represented party and one unrepresented party. When the first day of proceedings ended, the barrister argued that there was no precedent for the case to be advanced.
The following day, the litigant in person returned with four case citations that they believed backed up the points that they were trying to make. The barrister quickly realised that one of the cases was not real. The other three cases were real case names but cited passages that didn’t match the final judgment in each case. For all four citations, the paragraphs quoted, while appearing legitimate, were completely fictitious.
When the judge questioned the litigant in person, they admitted to asking ChatGPT to find cases that could prove their argument. The chatbot seemed to have delved into a bank of case names and created excerpts supposedly from these cases which responded to the question asked of it. The judge, however, accepted the misleading submissions from the litigant in person were unintentional and did not penalise them.
Influence of AI in Court Proceedings
This case highlights how ChatGPT can generate convincing content for users and emphasises the dangers of trusting it unequivocally for legal advice.
The judge in this case took a lenient view towards the litigant in person on this occasion. However, as the use of AI grows and we become more familiar with it, it is unlikely that such a stance will continue and litigants in person, as well as lawyers, are likely to be expected to use it cautiously in the courtroom and will be held responsible if submissions are misleading.
The best way to avoid the dangers of using AI for legal advice is instead to seek out a qualified and reputable law firm. Here at Witans Solicitors, we are experienced lawyers who offer specialist legal advice with a personal touch that technology cannot offer. Email us to arrange an initial, no-obligation consultation.
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