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HighOther27 May 2023

Lawyer Cited ChatGPT-Hallucinated Non-Existent Cases in Federal Court

Levidow, Levidow & Oberman / OpenAI (ChatGPT)

What happened

New York attorney Steven Schwartz used ChatGPT to research case law. ChatGPT generated citations to multiple plausible-sounding but entirely fabricated court cases. Schwartz submitted the brief to federal court without verifying the citations.

Root cause

LLM generated plausible but fabricated legal citations without any grounding to verified legal databases; attorney used model output without verification.

Architectural failure

No hallucination detection or output grounding against authoritative sources; model presented fabricated citations with same confidence as real ones.

Outcome

Federal Judge ordered the attorneys to show cause. Schwartz and his supervising partner were sanctioned and fined $5,000 each. Prompted bar associations worldwide to issue guidance on AI use in legal practice.

Architectural Failure Patterns

These pattern categories on aipatterns.com.au describe the systemic failure modes this incident exhibited.

Cite this incident

https://corporateai.com.au/incidents/chatgpt-hallucinated-case-law-2023

Quick facts

Date
27 May 2023
Organisation
Levidow, Levidow & Oberman / OpenAI (ChatGPT)
Sector
Other
Severity
High
Regulatory bodies
FRCP Rule 11 (Sanctions)ABA Model Rules of Professional ConductState Bar Ethics Rules
Tags
hallucinationlegal-aifabricated-citationsllmprofessional-liabilityverification

Explore failure patterns

aipatterns.com.au