Lawyers sanctioned for AI-generated false citations in patent case
Five lawyers representing a patent holding company were fined a combined $12,000 by a Kansas federal judge for filing court documents containing non-existent quotations and case citations generated by ChatGPT without verification. The judge found that although one lawyer used the AI tool, the others who signed the documents were also responsible for failing to vet them before submission.
What happened
Five lawyers representing Lexos Media IP in a patent infringement case against Overstock.com filed court documents containing non-existent quotations and case citations that were generated by ChatGPT. Lawyer Sandeep Seth used ChatGPT without verifying its output while under personal pressures. The other attorneys who signed the documents failed to review them for accuracy before submission.
Reported impact
U.S. District Judge Julie Robinson imposed combined fines of $12,000 on the five attorneys. Sandeep Seth was fined $5,000 and directed to provide state disciplinary authorities a copy of the ruling and certify what his firm will do to prevent similar situations. Kenneth Kula and Christopher Joe were each fined $3,000, and David Cooper was fined $1,000.
Index analysis
Judge Robinson stated that 'a reasonably competent attorney filing documents in court should be aware of the pronounced, well-publicized risks of using unverified generative AI for legal research and the ethical obligations associated with signing a court filing without checking it for accuracy.' Robinson noted that 'the sheer amount of case law that has erupted over the last few years due to attorneys' reliance on unverified generative AI research, often generating hallucinated legal authority, is staggering.'
Governance controls
The judge ordered the five lawyers to explain why they should not be sanctioned for defects in the documents in December before issuing sanctions. Seth acknowledged 'firms should not use AI as a tool in any capacity without strict policies in place in order to avoid errors.'
Classification
Sources and evidence
Sources not yet published
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