The “ChatGPT Attorney” case has drawn much attention, but it’s not the only example of lawyers facing problems with AI use. This blog will compile other instances where attorneys have gotten into trouble for incorporating AI into their practice. Updates will be made as new cases or suggestions arise, providing a centralized resource for both legal educators and practicing attorneys (or it can be used to update a Libguide 😉). I’ll will also add this to one of our menus or headings for easy access.

Attorney Discipline 

Park v. Kim, No. 22-2057, 2024 WL 332478 (2d Cir. Jan. 30, 2024)

“Attorney Jae S. Lee. Lee’s reply brief in this case includes a citation to a non-existent case, which she admits she generated using the artificial intelligence tool ChatGPT. Because citation in a brief to a non-existent case suggests conduct that falls below the basic obligations of counsel, we refer Attorney Lee to the Court’s Grievance Panel, and further direct Attorney Lee to furnish a copy of this decision to her client, Plaintiff-Appellant Park.”

Mata v. Avianca, Inc. (1:22-cv-01461) District Court, S.D. New York 

I will not belabor the ChatGPT attorney (since it has been covered by real journalists like the NYT) – only provide links to the underlying dockets in case you need them since I get asked for them fairly often:

• https://www.bloomberglaw.com/document/2048130161736962
  (To request individual filings – BLaw subscription is required)
• https://www.courtlistener.com/docket/63107798/mata-v-avianca-inc/
  Public version with limited access

(Fireworks start at the May 4, 2023 OSC)

Zachariah Crabhhill, Colorado Springs 

In a less publicized case from Colorado, an attorney, Zachariah Crabhill, relied on ChatGPT to draft a legal motion, only to find out later that the cited cases were fictitious. Unfortunately, the court filings are not accessible through El Paso County’s records or Bloomberg Law. If any Colorado law librarians can obtain these documents, please contact me, and I’ll update this post accordingly.

News articles: 

• https://krdo.com/news/2023/06/13/colorado-springs-attorney-says-chatgpt-created-fake-cases-he-cited-in-court-documents/ 
• https://www.reuters.com/legal/transactional/more-judges-lawyers-confront-pitfalls-artificial-intelligence-2023-06-16/ 

Zachariah was subsequently sanctioned and suspended:

• https://coloradosupremecourt.com/PDJ/Decisions/Crabill,%20Stipulation%20to%20Discipline,%2023PDJ067,%2011-22-23.pdf

Ex Parte Allen Michael Lee, No. 10-22-00281-CR, 2023 WL 4624777 (Tex.
Crim. App. July 19, 2023)

An Opinion of Chief Justice Tom Grey explains that Allen Michael Lee faces charges related to child sexual assault, with bail set at $400,000, which he hasn’t been able to post. Lee sought a bail reduction through a pre-trial habeas corpus application, but the court denied this, leading Lee to argue that the denial was an abuse of discretion due to excessive initial bail. However, his appeal was critiqued for inadequate citation, as the cases he referenced either didn’t exist or were unrelated to his arguments

Updates:

David Wagner, This Prolific LA Eviction Law Firm Was Caught Faking Cases In Court. Did They Misuse AI?, LAist (Oct 12, 2023)
Submitted by my co-author Rebecca Fordon

“Cuddy Law Firm in New York has been submitting exhibits of transcripts of interactions with ChatGPT to their motions for attorneys fees (essentially a back and forth to zero in on what is a reasonable rate) in several cases in S.D. NY.”
[This is an ongoing action and we’re waiting to see if it is allowed]
from reader Jason as a comment (very much appreciated, Jason)

A Spooky Glimpse into the Future

In 2019, Canadian Judge Whitten reduced an attorney’s requested fees on the grounds that the attorney had not utilized AI technology:

The decision concerned a request for attorneys’ fees and expenses by defendant, Port Dalhousie Vitalization Corporation (PDVC). The court granted summary judgment in PDVC’s favor against a woman who sued PDVC after she slipped and fell at an Ontario bar for which PDVC was the landlord. The bar, My Cottage BBQ and Brew, defaulted in the case. In his ruling, Justice Whitten mentioned that the use of AI in legal research would have reduced the amount of time one of the attorneys for the defendant would have spent preparing his client’s case. 

https://www.lexisnexis.com/community/insights/legal/b/thought-leadership/posts/judge-slams-attorney-for-not-using-ai-in-court

In domains where AI can significantly expedite workflows, it could indeed become standard practice for judges to scrutinize fee requests more rigorously. Attorneys might be expected to leverage the latest technological tools to carry out tasks more efficiently, thereby justifying their fees. In this scenario, sticking to traditional, manual methods could be perceived as inefficient, and therefore, not cost-effective, leading to fee reductions. This has led many people to wonder if AI will expedite the decline of the billable hour (for more on that please see this fantastic discussion on 3 Geeks and a Law Blog, AI-Pocalypse: The Shocking Impact on Law Firm Profitability).

We hope that you have a Happy Halloween!