Generative AI Use in Litigation – Caveat Emptor

The use of Generative AI technologies in litigation raises a host of questions and concerns. A recent case illustrates why both attorneys and their clients must exercise caution when utilizing Generative AI platform in litigation. That is, the output from Generative AI can be not only unreliable but made up.

Recognizing this, at least one court issued a standing order governing the use of Generative AI to draft legal briefs – https://www.txnd.uscourts.gov/judge/judge-brantley-starr. As Judge Brantley Starr of the U.S. District Court for the Northern District of Texas observed, “generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard)” “make[s] stuff up—even quotes and citations.” This is just one of myriad challenges accompanying the unchecked use of Generative AI in litigation – “caveat emptor.”

A New York personal injury firm and two of its lawyers are facing potential sanctions after they submitted a brief in federal court containing nonexistent cases and opinions produced by the generative text engine ChatGPT.

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