Extract from Riley Brennan + Benjamin Joyner’s article “Attorneys Aren’t Talking About AI With Each Other, But Everyone Agrees They Should Be”
As attorneys continue to get themselves in trouble with courts across the country for artificial intelligence mishaps, experts in the field agree that disclosures and conversations around the topic are becoming increasingly necessary.
Litigators across the country have faced sanctions and other disciplinary actions for having AI “hallucinations” in their briefs, which occurs when an AI model produces fake or inaccurate information. Last month, a federal judge in Pennsylvania sanctioned two attorneys over various false case citations in a brief that allegedly occurred after the pro hac vice attorney’s law clerk used LexisNexis’s AI tool without the attorney’s knowledge.
Such cases highlight an underlying problem in the changing technological and legal landscape, specifically whether attorneys are discussing expectations regarding AI usage when working together.
