AI has already changed the way many access information, perform work, and do business. However, it is important to remember “it’s a tool,” “garbage in – garbage out,” and “check your work.”

Courts throughout the nation have been subjected to filings generated by AI. AI has a proclivity to “hallucinate” legal propositions and case law citations. As a result, Courts in multiple jurisdictions have issued Standing Orders on the use of AI and a few have banned its use entirely. Courts, constrained by research attorney’s hour limitations, readily rely on the adversarial process to point out problems in a party’s brief or reasoning. However, more and more courts have been faced with incurring significant time trying to run down non-existent cases, case citations and quotations, and statutes conjured by AI. Thus, many Courts now impose Declarations under penalty of perjury by attorneys and/or parties about their use of
AI in their filing, that they have checked all citations for validation and that they have not misrepresented the law. This allows the Court to sanction attorneys and parties if the cases, citations and/or statutes cited are non-existent or misrepresented.

AI is only a tool. There was an immigrant engineer who learned the old-school way to make engineering calculations on intricate designs. He went on to engineer many earthquake resistant hospitals throughout the world. He became a senior engineer at a large firm. Then the computer era began. His junior associates, who had only learned on computers, would bring engineering designs to him for his final review. Inevitably one or more of the elements of the design were wrong. He would ask the junior associate, why did you think this was correct?” Inevitably, the junior associate would respond, “because the computer said it would work.” The computer, just like AI, is only a tool. Garbage in – garbage out.

When making legal decisions about your life and business do not rely on AI – at least not yet. Have a qualified attorney “check your work.”

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.