Practical Use Of AI: Don’t Be A Cautionary Tale

Courts and judges are increasingly cracking down on the misuse of AI and the replacement of human work with that of artificial intelligence. Take the Illinois case Jordan v. Chicago Housing Authority (CHA), for example. In this 2022 case, a jury returned a verdict of over $24 million in damages related to allegations that the plaintiffs’ children were poisoned by the CHA’s use of lead paint. Dissatisfied with the verdict, the defendants prepared for an appeal. Lawyers for the CHA filed a motion with the court outlining the basis for their appeal. Unfortunately, it was revealed that the CHA attorney’s motion was littered with fictitious (hallucinated) case law completely made up by ChatGPT. Ultimately, the judge handed down severe sanctions on the CHA and its lawyers. CHA not only lost its appeal, but the plaintiffs were awarded additional monetary damages.

CHA and its lawyers are hardly the only entities to face the perils related to the misuse of AI. In Mata v. Avianca, Inc., a judge imposed a $5,000 sanction against attorneys who filed a hearing brief that contained six fabricated citations. Attorneys in Whiting v. City of Athens found themselves subject to $15,000 sanctions, individually, for a brief filed in federal court that contained at least twenty four fictitious citations.

Misuse of AI extends past the simple inclusion of fictitious or hallucinated citations. AI may also be misued by relying on AI-generated information without independent investigation. In an Alabama case, Judge Manasco publicly reprimanded three lawyers and removed their firm from the case based not only on their use of fictitious (hallucinated) citations, but also on their failure to state or understand the propositions the citations stood for.

Interestingly, while courts have clearly grown less tolerant of legal work produced by AI, they generally have not determined the use of AI to be inappropriate in its entirety. Instead, judges strongly advise that if AI is to be used, individuals should do so with great caution and at their own peril. With that said, here are three helpful tips to keep in mind when utilizing AI in the workplace:

1. Artificial intelligence should be used as a guide, not the final destination: To put a complicated process simply, AI works by gathering vast amounts of information from the entirety of the World Wide Web and placing those results that match the user’s query most closely into a single report. Because of its vast reach, AI does not always provide the most nuanced or accurate information, but it does a great job of pointing users in the correct direction.

2. Doublecheck everything: Because AI’s reach is so overwhelming, it may provide information that appears on point but actually is not—especially in workers’ compensation matters. As an administrative function of government, workers’ compensation laws differ from state-to-state, and if one simply relied on the conclusions of ChatGPT, one could find oneself subject to significant exposure by denying a Georgia claim based on Florida law.

3. Use at your own peril: Sometimes it may feel like artificial intelligence merely exists to confirm your own suspicions. This is likely by design to retain the user’s attention. Always remain skeptical when an AI agrees with your premise, especially in situations where it feels strongly about a matter that has made you uneasy. Include instructions in your prompts indicating that the AI should not simply agree with your premise, but instead provide objective critique or assessment.

AI is here to stay, and people will likely continue to use it. This is not necessarily a bad thing and does not need to be a cause for alarm. In fact, AI can be incredibly useful when used responsibly. As long as it is used as a guide to a final answer, everything is double‑checked, and skepticism is maintained, odds are that one will avoid becoming a cautionary tale.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.