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Rob Freund @RobertFreundLaw - More lawyers in trouble for AI misuse today:
Attorney represented a criminal defendant and filed an application to reopen an appeal.
The application alleged prosecutorial misconduct and cited quotes attributed to the prosecutor.
Only problem was the quotes were completely made up.
The page Appellant cites to on page 4 for the legally inflammatory statement by the prosecutor- is, in fact, the court reporter’s signature page, with no statements of any type by the prosecutor.
The fake quotes came from ChatGPT. A paralegal uploaded case materials to ChatGPT and pasted the output into the application. The lawyer didn't catch it.
But it gets worse: after the application was denied, the lawyer appealed the denial to the Ohio Supreme Court anyway.
And when he submitted his firms AI Policy to show he was taking corrective action, the court determined that the policy itself was AI-generated and was incomplete.
The proffering of an AI-generated AI policy as a remedial measure in a case involving the submission of AI-generated fabrications to this court is, at best, ironic.
And two months after the sanctions hearing in this case, the attorney did it again, in another case.
He submitted a filing with the ChatGPT prompt embedded in the filing itself: Would you like me to draft the next argument section (e.g., argument 1 – B on the nature of the charge omission) in the same tone and format so your brief reads as a seamless multi-print memorandum?
Sanctions:
-$2,000 fine
-Referral to Ohio Office of Disciplinary Counsel
-Must serve copy of judgment on judge of every court in which he makes an appearance, for 2 years
-Must include certification that all cases are real and verified, for 2 years