A lawyer who utilized ChatGPT to generate a legal brief may face sanctions. However, the embarrassment he experienced during a hearing on Thursday could be considered punishment enough. The New York Times reports that Steven Schwartz underwent intense questioning for nearly two hours by US District Judge Kevin Castel, who displayed signs of frustration and raised his voice while asking pointed questions. In a personal injury case relating to Colombian airline Avianca, Schwartz submitted a brief that referenced fictitious court decisions such as “Varghese v. China Southern Airlines,” all of which were created by ChatGPT.
Schwartz, a lawyer with over three decades of experience, informed the judge that he became aware of ChatGPT through his college-age children and mistakenly believed it to be a sophisticated search engine. He admitted to failing to comprehend ChatGPT’s capability to fabricate cases. He expressed feelings of embarrassment, humiliation, and deep remorse. Schwartz confessed, “There were many steps I should have taken to ensure the authenticity of these cases,” as stated in Bloomberg. He added, “I failed miserably in that regard.” According to Schwartz, ChatGPT led him astray by assuring him that the cited cases were genuine.
The judge will render a decision on potential sanctions against Schwartz and his colleague Peter LoDuca at a later time. Ronald Minkoff, an attorney representing their law firm, argued that the false filing was a result of carelessness rather than bad faith, as reported by the AP. Minkoff stated that Schwartz believed he was using a normal search engine, but in reality, he was “playing with live ammunition” when he utilized this new technology. The Times highlights that the Manhattan federal courtroom was packed with lawyers, law students, and professors. Legal commentator David Lat remarks, “This case has sent shockwaves throughout the entire legal profession. It’s like witnessing a car wreck.” (Read more ChatGPT stories.)
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