A Los Angeles attorney used AI to improve his appeal, but he didn’t know ChatGPT would make up evidence in the process
The Hall of JusticeCredit: Courtesy Tupungato via Adobe Stock
A Los Angeles attorney has been hit with a historic $10,000 fine after submitting an appeal containing information fabricated by ChatGPT.
This marks the largest fine ever issued in California over AI use so far.
According to the opinion, the appeal contained evidence that was attributed to sources that either did not have the quotations or referred to cases that did not exist entirely. Additionally, of the 23 quotes from the case cited, 21 were found to be made up, according to the court opinion.
“We therefore publish this opinion as a warning. Simply stated, no brief, pleading, motion, or any other paper filed in any court should contain any citations—whether provided by generative AI,” stated the document.
Amir Mostafavi, the attorney fined last week, told the court that he had used ChatGPT to improve his appeal and did not read it over before submitting it in July 2023. A three-judge panel fined him for frivolous appeal, violating court rules, citing fake cases, and for wasting the court’s time and taxpayer dollars.
“We therefore publish this opinion as a warning. Simply stated, no brief, pleading, motion, or any other paper filed in any court should contain any citations—whether provided by generative AI,” stated the document.
Mostafavi told Calmatters that it is unrealistic to expect lawyers not to use AI. Comparing it to how online databases have replaced law libraries.
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“In the meantime we’re going to have some victims, we’re going to have some damages, we’re going to have some wreckages,” he said. “I hope this example will help others not fall into the hole. I’m paying the price.”
California is not alone in having issues with AI in legal proceedings. There have been a number of other cases across the nation of attorneys and other legal professionals getting caught using AI. Like in New Jersey this week, where another attorney was hit with a $3000 fine for basically the same reason as here.