The development of Artificial Intelligence (“AI”) is rapidly changing the world. I may be dating myself, but who thought the world would develop in just a few decades from being able to type and modify a document on a word processor without needing correction tape (that’s what was needed to correct typing done on a printed page on a typewriter for you younger folks), to the miracle of sending a facsimile through phone lines, to being able to email or text message through cellular waves. And it seems like AI is coming in like a tidal wave. It’s already changed the landscape and seems like it will continue to change our world even faster than all those other technologically convenient developments over the past 20 to 30 years.
Whether we like it or not, AI is changing our personal and business lives more rapidly that some may be able to comprehend or handle. And there’s more to come as new versions are being rolled out and what we are seeing is only the tip of the iceberg.
With the development of AI, also comes responsibility in the legal profession. Old school lawyers used to look up case law published in journals to use as supporting arguments and precedents. Then, with the advent of services like Westlaw and Lexis-Nexis, lawyers could easily type in key works and look up decisions that might be similar to the issues being researched. Now, with AI, anyone can type in a description of an issue, ask the AI provider to find cases on point and in a matter of seconds a list of cases will appear fitting the description of the issues listed by the attorney. The problem is, AI isn’t always right!
Recently, a major law firm’s attorneys were cited by the Wyoming federal court for presenting a motion that contained eight AI generated cases to support their legal argument – the cases did not exist. The firm took responsibility, withdrew its motion, and indicated that it would implement new training and protocols for the use of AI in addition to paying opposing counsel fees for having to defend the motion. This was not the first of such stories of fake cases being generated by AI being used to support legal positions.
The development of AI can make our personal lives and work lives easier, but in this case, AI appears to have made life more miserable – not only did the opposing counsel and Court need to spend time working to defend against fake cases, but the presenters of the motion were fined, likely embarrassed, and reputations sullied. With the development of AI, it’s important to remember that not all that is written or photographed is real (both in personal and professional worlds). AI is changing the world, but caution is key in avoiding simply accepting technology over some tried and true methods of how we conduct ourselves personally and professionally.
The Law Firm of DiOrio & Sereni, LLP is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.dioriosereni.com or contact Scott C. Gottel, Esquire at 610-565-5700 or at sgottel@dioriosereni.com.
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