New York, USA
Two New York lawyers have been sanctioned after submitting a legal brief containing fake case citations generated by an artificial intelligence tool called ChatGPT. The attorneys, Peter LoDuca and Steven Schwartz, and their law firm, Levidow, Levidow & Oberman, faced consequences for their actions in a personal injury case against airline Avianca. This incident raises concerns about the use of AI in legal research and the spread of disinformation.
Peter LoDuca and Steven Schwartz utilized ChatGPT to research and compile a legal brief to support their client’s lawsuit against Avianca. However, it was discovered that the brief included numerous fake case citations and even fictional quotes. Lawyers representing the Colombian carrier contested the authenticity of the citations, leading to an investigation into the matter.
District Judge P. Kevin Castel found that the attorneys had acted in bad faith, consciously avoiding the truth and making false and misleading statements to the court. As a result, the lawyers and their law firm were sanctioned and ordered to pay fines of $5,000 each.
Judge Castel expressed his concern over the attorneys’ use of AI for assistance in drafting legal documents. While acknowledging the advancements in technology, he emphasized that lawyers have a responsibility to ensure the accuracy of their filings. The judge stated that utilizing reliable AI tools may not be inherently improper but emphasized the gatekeeping role of attorneys in maintaining the integrity of the legal system. He noted that the lawyers could have avoided sanctions if they had been forthcoming about their use of ChatGPT and its role in the creation of the questionable brief.
