“AI Hallucinations” in legal work product have aged like macaroni art. At first it was cute enough that you ignored the childish errors and inattention to detail. But once your refrigerator runs out of room for macaroni glued to printer paper you start to realize the severity of this shit popping up everywhere. The silver lining used to be that the underlying cases tended to be some contract dispute that doesn’t mean much in the scheme of things. Now we see judges and assistant US Attorneys caught red-handed outsourcing legal writing to blackbox LLMs. And as the ubiquity of AI enabling bad lawyering goes up, it’s only a matter of time before this conversation happens:
Inmate 1: So what are you in for?
Inmate 2: AI Hallucinations.
And while that conversation could happen anywhere, Georgia wouldn’t be a bad state to bet on. Atlanta News First has coverage:
Calling her efforts to oppose a new trial for a convicted murderer “expanded legal research,” a metro Atlanta attorney has admitted using AI to cite nonexistent cases in a recent appearance before the Supreme Court of Georgia.
In a signed affidavit, Deborah Leslie – who is listed as an attorney for the appellate and assets forfeitures unit in the Clayton County District Attorney’s Office – has apologized for citing some cases that don’t exist.
On March 18, Payne appeared before the state Supreme Court as it was hearing arguments in Hannah Payne’s attorneys’ request for a new trial.
“Expanded Legal Research?” That’s what we’re calling it now? At least “This was one revealed to me in a dream” was earnest and quasi-poetic. That said, I admit “I went to the make-shit-up machine to help me with my job and submitted the made-up shit without bothering to check its veracity” doesn’t roll as cleanly off the tongue.
Dealing with prosecutors is rough enough without having to worry if they’re just throwing spaghetti at the wall to see what sticks. Georgia’s public defender office has been facing a staffing shortage for years — to be overburdened with work and know that the other side isn’t even bothering to check their work must be maddening. Thankfully Payne’s lawyers had the time to call out the prosecutorial misconduct. One of them, Brian Steel, has built a reputation for putting belt to ass when prosecutors step out of line. At least it wasn’t a secret ex parte meeting this time!
Payne’s lawyers argue that that the underlying murder case relied on a botched jury instructions. Hopefully she gets a second chance at justice.
Attorney With Clayton County DA’s Office Apologizes For Using AI, Citing Fake Cases In Court Brief [Atlanta News First]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boat builder who is learning to swim and is interested in rhetoric, Spinozists and humor. Getting back in to cycling wouldn’t hurt either. You can reach him by email at christopherrashadwilliams@gmail.com and by Tweet/Bluesky at @WritesForRent.
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