Lawyer Who Used ChatGPT Faces Penalty for Made Up Citations - The New York Times - 0 views
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“I did not comprehend that ChatGPT could fabricate cases,” he told Judge Castel.
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At times during the hearing, Mr. Schwartz squeezed his eyes shut and rubbed his forehead with his left hand. He stammered and his voice dropped. He repeatedly tried to explain why he did not conduct further research into the cases that ChatGPT had provided to him.
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For nearly two hours Thursday, Mr. Schwartz was grilled by a judge in a hearing ordered after the disclosure that the lawyer had created a legal brief for a case in Federal District Court that was filled with fake judicial opinions and legal citations, all generated by ChatGPT.
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As Mr. Schwartz answered the judge’s questions, the reaction in the courtroom, crammed with close to 70 people who included lawyers, law students, law clerks and professors, rippled across the benches. There were gasps, giggles and sighs. Spectators grimaced, darted their eyes around, chewed on pens.
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“This case has reverberated throughout the entire legal profession,” said David Lat, a legal commentator. “It is a little bit like looking at a car wreck.”
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The episode, which arose in an otherwise obscure lawsuit, has riveted the tech world, where there has been a growing debate about the dangers — even an existential threat to humanity — posed by artificial intelligence. It has also transfixed lawyers and judges.
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Avianca asked Judge Castel to dismiss the lawsuit because the statute of limitations had expired. Mr. Mata’s lawyers responded with a 10-page brief citing more than half a dozen court decisions, with names like Martinez v. Delta Air Lines, Zicherman v. Korean Air Lines and Varghese v. China Southern Airlines, in support of their argument that the suit should be allowed to proceed.After Avianca’s lawyers could not locate the cases, Judge Castel ordered Mr. Mata’s lawyers to provide copies. They submitted a compendium of decisions.It turned out the cases were not real.
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Mr. Schwartz, who has practiced law in New York for 30 years, said in a declaration filed with the judge this week that he had learned about ChatGPT from his college-aged children and from articles, but that he had never used it professionally.He told Judge Castel on Thursday that he had believed ChatGPT had greater reach than standard databases.“I heard about this new site, which I falsely assumed was, like, a super search engine,” Mr. Schwartz said.
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Irina Raicu, who directs the internet ethics program at Santa Clara University, said this week that the Avianca case clearly showed what critics of such models have been saying, “which is that the vast majority of people who are playing with them and using them don’t really understand what they are and how they work, and in particular what their limitations are.”
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“This case has changed the urgency of it,” Professor Roiphe said. “There’s a sense that this is not something that we can mull over in an academic way. It’s something that has affected us right now and has to be addressed.”
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In the declaration Mr. Schwartz filed this week, he described how he had posed questions to ChatGPT, and each time it seemed to help with genuine case citations. He attached a printout of his colloquy with the bot, which shows it tossing out words like “sure” and “certainly!”After one response, ChatGPT said cheerily, “I hope that helps!”