Legal Brief for July, 2024

The Risks Of Using Artificial Intelegence

Artificial intelligence is constantly in the news today.  Known as "AI", it is a catch all term that in general refers to computer based systems that can produce text and content by searching and analyzing large volumes of data and materials.  One of the most prominent programs is ChatGPT, which is provided by a company known as OpenAI.  AI is being touted as the proverbial way of the future, that it will change our lives.  That may well be the case, but like many shiny new things that come along there can be some serious risks to using AI.  A dramatic example of the use of AI going badly comes from a case of a lawyer in the United States.  As related on the Law Society of Alberta's website, here is what happened to the (at best) careless attorney who thought he could harness AI to his benefit:

"In [the case of] People v. Zachariah C. Crabill, 23PDJ067, a Colorado lawyer used ChatGPT to draft a motion to set aside a judgment.  The lawyer cited case law that he found through ChatGPT.  He did not read the cases or attempt to verify that the citations were accurate.  After filing the motion but before the matter was heard, he discovered that the cases were either incorrect or fictitious yet failed to alert the Court.  Nor did he withdraw the motion.  When the judge expressed concerns about the accuracy of the cases, the lawyer falsely attributed the mistakes to a legal intern.  Six days after the hearing, he filed an affidavit explaining what had really happened.  The Court ruled that he had failed to competently represent his client; had not acted with reasonable diligence and promptness when representing the client; had knowingly made a false statement of material fact or law to a tribunal; and had engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.  The lawyer was suspended for a year and a day, with ninety days to be served and the remainder to be stayed upon his successful completion of a two year period of probation, with conditions."

The dramatic penalty meted out to the attorney was to a certain extant brought about by his failure to "confess" on a timely basis to the Court what he had done.  At the heart of the situation however was his apparently naive belief that he could proceed with using a new technology at his will while abandoning his years of training about how to provide his legal services in a safe and professional manner.  A cautionary tale for all of us!