What do we mean by AI?
- Generative AI text generators like ChatGPT, Microsoft Copilot, Gemini, Claude 3, and Perflexity AI are computer programs that use advanced algorithms to analyze patterns in language and predict the next word in a sentence based on Large Language Models of text originating from the internet. Think of them as a more sophisticated version of the predictive text on your cellphone when ever you write an email, type out a reminder, or send a text message.
- These models can generate new text that is similar in style and structure to what is available online, allowing them to create sentences, paragraphs, or entire articles that closely resemble human-written content.
Can the Information They Produce Be Trusted?
- No. While generative AI text generators may seem to be a useful tool for legal research, it is crucial to exercise caution and thoroughly verify any content generated by these models before relying on it.
- These models are just one of many tools available for legal research, and their output should always be cross-checked with other reliable sources to ensure accuracy and credibility.
Buyer Beware
- There are many examples of where lawyers have gotten into hot water with a judge when it is discovered that fake legal citations are in footnotes. Often people will check a few citations, but not all of them, and therefore are lulled into thinking that all of the citations are correct. What makes this particularly serious from a legal standpoint is that attorneys must swear a legally binding oath that what they are submitting before the court is the truth and that they are not committing perjury.
- Judges have routinely been handing down enormous fines and dealing out sanctions to lawyers who are found to have cited fake cases. This isn't just young professionals making bad decisions. Even large law firm partners have been found to have done this. DO NOT USE AI GENERATED LEGAL CITATIONS OR ANALYSIS. IT WILL NOT END WELL FOR YOU.
- Examples:
The lawyer behind the popular Legal Eagle YouTube channel has a humorous take on the serious consequences.
At 10:30, he does a really good job explaining how to read a court case citation.