ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Friday, May 17, 2024

Friday Frivolity: Use of AI Is No Excuse for Frivolous Court Filings

Because of this Blog, I have a Twitter account. As I result I have learned, among other things, the following incontrovertible facts:

  • Chatbot2AI is the end of human thought, as we cannot get the current generation to do their own work, formulate ideas, or craft their own writings;
  • AI is just a research tool, like a dictionary, a thesaurus, Google, or Wikipedia;
  • Law teachers can allow students to use AI on assessments and still generate a good curve that accurately distinguishes students who learned the material and those who don't;
  • Law teachers cannot allow students to use AI on assessments because it then becomes impossible to distinguish among students' responses in a meaningful way;
  • Allowing students to use AI generates meaningful improvements in weak students' work, and, while it does not improve the quality of skilled' students' work, it helps them produce it more efficiently;
  • Sophisticated chatbots can do very well on well-designed law exams;
  • Sophisticated chatbots perform terribly -- barely passing -- on well-designed exams;
  • Training students on AI is the best way to prepare them for practice; and
  • Training students on AI may be a necessary supplement to traditional legal education, but the former will result in malpractice absent the latter.

The New York Times weighed in this week with an Op-Ed by Julia Angwin.  Among the studies she discusses is this re-evaluation of ChatGPT-4's performance on the UBE.

It is certainly true that, whatever we think, practicing attorneys are using AI to assist them.  The results are not always pretty.

Bob Ambrogi reports on Lawsites that the District Court for the Middle District of Florida issued a one-year suspension to an attorney who filed an AI-generated brief replete with "hallucinated" citations.  The suspension only applies to that court.  The attorney has not had his license suspended.  The judge issuing the suspension followed the recommendation of the court's grievance committee.

We learn from Michael A. Mora, reporting on Law.com, that the attorney in question is also facing discipline from the Florida bar.

The offending attorney's misconduct went beyond misplaced reliance on AI.  The grievance committee report included allegations of sanctionable behavior beyond misuse of AI.  One wonders whether misuse of AI was a symptom or a cause.

https://lawprofessors.typepad.com/contractsprof_blog/2024/05/friday-frivolity-use-of-ai-is-no-excuse-for-frivolous-court-filings.html

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