Ride the Lightning

Judges and Lawyers Continue to be Confounded by Artificial Intelligence

June 21, 2023

Reuters reported on June 16 that lawyers and judges continue to be confounded by artificial intelligence.

Zachariah Crabill, a young lawyer in Colorado with the firm Baker Law Group, acknowledged that he unwittingly included phony cases provided by ChatGPT in his client’s motion. A story we’ve all heard before. In a May 11 affidavit, he said he was sorry and noted that ChatGPT had accurately answered his queries previously so it “never even dawned on me that this technology could be deceptive.” He has moved to withdraw from the case.

Welcome to the ever-growing club Zachariah.

And to update the concerns of the bench, at least five judges have now issued orders regarding the use of AI by attorneys appearing before them.

The latest additions include Senior U.S. District Judge Michael Baylson in Philadelphia who has begun requiring lawyers to reveal whether AI usage was employed in court filings and certifying that “each and every citation” was verified to ensure its accuracy.

U.S. Magistrate Judge Gabriel Fuentes, in Chicago, requires lawyers to disclose any “specific AI tool” used for legal research or document drafting.

Judge Stephen Vaden of the U.S. Court of International Trade ordered specific steps to safeguard data, declaring that AI technologies “challenge the Court’s ability to protect confidential and business proprietary information from access by unauthorized parties.”

While these judicial requirements have not yet become a tidal wave, it may be only a matter of time . . .

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225, Fairfax, VA 22030
Email:  Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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