Two lawyers in the United States (US) blame artificial intelligence chatbot ChatGPT for tricking them into including fictitious legal research in a Court filing.
Steven A. Schwartz and Peter LoDuca have been fined for referencing Court cases they believed were accurately sourced by the artificial intelligence chatbot to supplement their legal arguments.
Schwartz explained to the Judge that he used the program as he hunted for legal precedents supporting a client’s case. The chatbot suggested several cases that Schwartz had not been able to find through usual methods used at his law firm. The Court heard that he was “operating under a misconception” and that this website was obtaining these cases from some sources he did not have access to.
Ronald Minkoff, counsel for the law firm, told the Judge that the submission “resulted from carelessness, not bad faith” and should not result in sanctions. He argued that lawyers have historically had a hard time with technology, particularly new technology, “and it’s not getting easier”.
The US Judge has imposed $5,000 fines on the lawyers.
The Offence Of Producing False Or Misleading Documents in New South Wales
In NSW, it is an offence to produce false or misleading documents in certain circumstances. This is a serious offence that carries a maximum penalty of a fine worth 200 penalty units and/or imprisonment for two years.
Misleading Documents
The offence of producing ‘false or misleading documents’ is set out in section 307C of the Crimes Act 1900 which states that a person is guilty of an offence if:
The person produces a document to another person, and
The person does so knowing that the document is false or misleading, and
The document is produced in compliance or purported compliance with a law of the State.
Possible Defences
You are not guilty of the offence if you establish, on the balance of probabilities, that the document was accompanied by a written statement signed by you, or in the case of a company, by a competent officer of the company, stating it is false or misleading in a material particular, or setting out, or referring to, the material particular believed to be false or misleading.
Duress is also a defence to the charge.
Misleading Information
To be found guilty of providing false or misleading information, it must be proven that you gave information to another person knowing that that information was, either:
False or misleading; or
Omitted any matter or thing without which the statement is misleading; and
The information is given to a public authority or a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State.
The offence carries a maximum penalty of a fine of 200 penalty units and/or imprisonment for two years.
Contact Green & Associates Solicitors
If you have been charged with any of the offences set out above, and need legal advice or representation, you may call us on (02) 080 7585 to arrange for a personal consultation.
