On February 18, U.S. personal injury law firm Morgan & Morgan issued an urgent communication to its over 1,000 attorneys, cautioning them against the use of artificial intelligence to fabricate legal precedents, as this could result in termination. The warning came after two attorneys faced potential sanctions from a federal judge in Wyoming for submitting a lawsuit against Walmart that included AI-generated content.
The proliferation of artificial intelligence in legal documentation has prompted courts across the country to scrutinize and potentially reprimand lawyers in at least seven cases over the past two years. These developments have introduced a novel technical challenge for both litigants and judges.
While Morgan & Morgan and Walmart declined to comment on the ongoing Walmart case involving an allegedly defective hoverboard toy, the incident underscores a broader trend in the legal landscape. The advent of AI-driven tools like ChatGPT has revolutionized legal practices, albeit introducing new risks in litigation.
Legal professionals, embracing generative AI to streamline research and document preparation, face the inherent risk of inaccuracies due to the technology's propensity to generate fictional information. Compliance with attorney ethics rules is imperative, urging lawyers to diligently vet and attest to the accuracy of their filings.
Amidst these developments, experts emphasize the necessity for lawyers to comprehend the strengths and limitations of AI tools to mitigate errors that could compromise the integrity of legal proceedings. This evolving landscape underscores the significance of advancing AI literacy within the legal profession to navigate the challenges effectively.