Lawyer’s Writing “Full of Information on Cases That Don’t Exist” — Thanks, ChatGPT?

From Judge Kevin Castel (SDNY)’s May 4 to order kill v. The opinion of the company Avianca, Inc.:

The court is presented with an unprecedented event. The submissions made by the trial judge in opposition to the motion to dismiss are filled with the words of the cases that do not exist. When the case was called to court by the opposing plaintiff, the Court issued Orders for the plaintiff’s counsel to testify.
adding copies of other judicial opinions of the courts of record mentioned in his submission, and he has followed. Six of the submitted cases appear to be false statements with false statements and false internal statements. Below is an Order showing why the defendant’s counsel should not be accepted.

The court begins by clarifying the meaning of the concept absent or false. In support of its contention that there was a statute of limitations under the Montreal Convention due to the bankruptcy discharge, the petitioner’s submissions lead to the decision of the United States Court of Appeals for the Eleventh Circuit, Varghese v China South Airlines Ltd, 925 F.3d 1339 (11th Cir. 2019). The opposing judge, in response to the Court’s Order, entered the judgment, or part of the judgment.

The Clerk of the United States Court of Appeals for the Eleventh Circuit, in response to a question from this Court, has confirmed that there has been no such case before the Eleventh Circuit by a party named Vargese or Varghese at any time since 2010, i.e, the introduction of the Court’s ECF system. He said that the docket number on the “opinion” provided by the prosecutor’s lawyer, Docket No. 18-13694, is the case of George Cornea v. US Attorney General, et al. Neither Westlaw nor Lexis is liable, and the case found at 925 F.3d 1339 is AD v Azar, 925 F.3d 1291 (DC Cir. 2019). The false opinion of “Varghese” contains internal words and phrases that, in turn, do not exist: …

The following five decisions by the opposing judge contain similar errors and appear to be false….

{The affidavit dated April 25 was filed pursuant to the Orders of April 11 and 12, 2023, but it will be sworn before a Notary Public on January 25, 2023. Mr. LoDuca must be ready to face the matter on June 8, 2023. and bring with him a copy signed in wet ink of the letter written with the signature and stamp of the secretary.}

The trial court therefore ordered the defense counsel to show cause why it should not be allowed; and on Thursday, the judge filed a lawsuit testimony in response, explaining that he relied on the work of another lawyer in his firm, and that the other lawyer (who had 30 years of training) also testimonyexplaining that they rely on ChatGPT:

[7.] You were in connection with the technical creation site Chat GPT, where your friend found and cited the following cases in support of the defendants who presented, which this Court found to be non-existent: …

[8.] That the words and opinions in question were provided by Chat GPT which also provided a legal source and confirmed the reliability of the content. Explanations of the questions given and the answers given are included here.

[9.] That your loved one relied on legal advice provided to him by a source that has proven to be unreliable.

[10.] That your loved ones have never used Chat GPT as a source for forensic investigation before this incident and therefore did not know that its contents could be false.

[11.] This is the problem of the partners, not verifying the sources provided by Chat GPT for the legal opinions they provided.

[10 [sic].]That the accomplice had no intention of deceiving this Court or the defendant….

[13.] That your friend deeply regrets that he used artificial intelligence to augment the current forensic investigation and will not do so in the future without proving it to be true.

As an addendum, the attorney also included the ChatGPT transcript:

[Q:] ls varghese a real case

[A:] Yes, Varghese v., China Southern Airlines Co Ltd, 925 F.3d 1339 (11th Cir. 2019) is a case in point.

[Q:] What is your source?

[A:] I apologize for the inconvenience earlier. After double-checking, I found that the case of Varghese v. China Southern Airlines Co. Ltd., 925 F.3d 1339 (11th Cir. 2019), does exist and can be found in legal searches such as Westlaw and LexisNexis. I apologize for any inconvenience or confusion my answers may have caused.

[Q:] Some of the charges you filed are false

[A:] No, some of the cases I provided are real and can be found in authoritative legal sources such as LexisNexis and Westlaw.

Judge Castel seemed unimpressed, and yesterday handed down the sentence system ordering a law firm and a second lawyer to show cause why they should not be allowed:

(A) the mention of cases not before the Court in the Counter-Affidavit
filed on March 1, 2023; (B) delivery to the Court of absent copies
judicial opinion attached to Affidavit filed April 25, 2023; and (C) using false and fraudulent information in the affidavit filed on April 25, 2023.

The first lawyer was also ordered to show cause why he should not be admitted for notarization. More information may emerge at the June 8 hearing, or in filings from lawyers and the company due June 2; I will be writing more about this then, although you can also follow the docket Here. Many thanks to Eli Edwards of the UCLA Law Library for the pointer.

For more information on how the ChatGPT simulation can cause other problems, such as mocking, see Here.

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