Friday 23 June 2023

Legal Professionals Who Utilized ChatGPT Instead of Conducting Research Subjected to $5k Fine and Mandatory Notification of Fellow Judges

**Lawyers Sanctioned After Using ChatGPT to Create Fake Opinions**

In a recent case, lawyers employed an artificial intelligence tool called ChatGPT to generate fake judicial opinions and citations to support their legal argument. However, they were caught by the judge and faced severe consequences as a result. The lawyers, Peter LoDuca, Steven A. Schwartz, and the law firm of Levidow, Levidow & Oberman P.C., have now been sanctioned and ordered to pay $5,000.

Although the sanctions may seem relatively light, considering the gravity of their actions, they are still significant. The lawyers not only relied on ChatGPT to fabricate false cases, but they also had the audacity to present the fake opinions in court. During the subsequent hearing, their defense relied on claiming incompetence rather than malicious intent. Unsurprisingly, the judge was not impressed.

While the lawyers’ use of ChatGPT in itself was not the main issue, their failure to perform even the most basic due diligence in checking the validity of their citations was a major oversight. Simple verification would have revealed that the cases they cited did not exist. However, it is worth noting that it is relatively uncommon for lawyers to be sanctioned by a judge. In this case, the judge likely considered their already tarnished reputations as a significant factor in determining the severity of the sanctions.

Furthermore, it is important to highlight that the lawyers not only faced sanctions but also lost the underlying case entirely. When your argument relies on fabricated cases because the actual case law does not support your position, you are destined to fail.

In his opinion, Judge Castel emphasized that the problem stemmed from the lawyers’ incompetence rather than their use of technology. He clarified that lawyers often seek assistance from various sources, including artificial intelligence tools, to research and draft court submissions. However, attorneys bear the responsibility of ensuring the accuracy and authenticity of their filings, as established by existing rules.

Judge Castel condemned the lawyers for submitting non-existent judicial opinions with fake quotes and citations created by ChatGPT. The consequences of such actions are far-reaching. They waste the opposing party’s time and money in exposing the deception, divert the court’s attention from vital matters, potentially deprive the client of valid legal precedents, and harm the reputation of judges and the court system as a whole. Beyond that, it fosters cynicism towards the legal profession and the American judiciary, while also opening the door for future litigants to question the authenticity of judicial rulings.

Interestingly, Judge Castel mentioned that had the lawyers simply admitted their wrongdoing when initially questioned about the fake cases, the sanctions may have been less severe. However, their decision to persist with their lies and submit the fabricated opinions demonstrated a clear “bad faith” on their part.

In particular, Judge Castel called out Peter LoDuca for lying about the need for an extension, falsely claiming he was on vacation when it was actually Steven A. Schwartz who was away. This deliberate falsehood aimed to conceal Schwartz’s involvement in preparing the documents and to downplay LoDuca’s lack of involvement in verifying the truthfulness of the statements made. Such deceptive actions further highlighted the lawyers’ bad faith throughout the proceedings.

Ultimately, the judge’s ruling highlighted the importance of honesty, integrity, and thoroughness in the legal profession. While technological tools can provide valuable support, lawyers must remain diligent and fulfill their duty to ensure the accuracy and authenticity of their work. Sanctions, such as those imposed on these lawyers, serve as a reminder that there are severe consequences for those who engage in dishonest practices.

**Editor Notes: The Need for Accountability in the Legal Profession**

The recent case involving lawyers who used ChatGPT to create fake judicial opinions highlights the critical need for accountability within the legal profession. As legal practitioners, it is our duty to uphold ethical standards and ensure the integrity of our work.

While technology has undoubtedly revolutionized many aspects of the legal field, it is essential to remember that we bear the ultimate responsibility for the accuracy and authenticity of our filings. Relying on artificial intelligence tools should never justify negligence or the presentation of fabricated evidence.

The sanctions imposed on these lawyers send a powerful message to the legal community about the consequences of unethical behavior. We must always prioritize honesty, transparency, and thoroughness in our legal practice, as these are the foundations on which trust is built.

Furthermore, this case highlights the importance of staying true to our professional ethics and values, even in the face of adversity. As lawyers, we serve as guardians of justice, entrusted with upholding the integrity of the legal system. Deceptive practices erode public trust and tarnish the reputation of the legal profession as a whole.

Let this serve as a reminder to all legal practitioners to uphold the highest standards of professionalism, always acting in the best interest of our clients and the pursuit of justice. Together, we can restore faith in the legal profession and ensure the delivery of fair and just outcomes for all.

For more legal news and insights, visit the [GPT News Room](https://gptnewsroom.com).

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