Searching the internet for “AI and litigation” reveals tons of results about how AI will either replace lawyers or transform the legal profession. These results are unsurprising. Since the early 2010s, articles focusing on the potential impact AI may have on lawyers have popped up every few months. But these results miss the bigger and more important picture, which is that AI likely will spawn a myriad of litigation stemming from its use. This litigation will create the rise of AI lawyers who specialize in the complexities of AI.
In fact, this year we are already seeing the rise of AI lawyers as a handful of lawsuits surrounding AI have been filed. Below is a summary of current proceedings that have been filed this year and where they stand.
By now, the story of two New York attorneys facing scrutiny for citing nonexistent cases generated by the artificial intelligence (“AI”) tool ChatGPT has made national (and international) headlines. Late last month, a federal judge in the Southern District of New York sanctioned the attorneys and their firm $5,000. The court’s decision (Roberto Mata v. Avianca, Inc., No. 22-cv-1461-PKC (S.D.N.Y. June 22, 2023) (ECF No. 54)) provides a humbling reminder of both an attorney’s responsibilities in ensuring the accuracy of his or her filings, and the limits of certain technologies in the legal profession.
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