A “Brief” Hallucination by Generative AI Can Land You in Hot Water
Womble Perspectives
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Womble Perspectives
A “Brief” Hallucination by Generative AI Can Land You in Hot Water
Jun 30, 2023 Season 1 Episode 3
Womble Bond Dickinson

In a recent personal injury case, a New York attorney learned a hard lesson about the risks of using "generative" artificial intelligence (AI). The attorney, representing Robert Mata, filed a response to a motion to dismiss which cited several cases in Mata's favor. However, it was soon discovered that none of the cited cases actually existed. Avianca, the opposing party, brought this to the court's attention, resulting in an order for Mata's attorney to provide copies of the cases. Eventually, it was revealed that the attorney had used an AI website called Chat GPT to supplement his legal research, and the AI had provided non-existent cases. The court issued Orders to Show Cause, questioning why the attorney should not be sanctioned. This case highlights the need for attorneys to be cautious when using generative AI and to verify the accuracy of its output before filing.

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