Lawyer Caught Using AI While Explaining to Court Why He Used AI

404 Media [no paywall]: “An attorney in a New York Supreme Court commercial case got caught using AI in his filings, and then got caught using AI again in the brief where he had to explain why he used AI, according to court documents filed earlier this month. New York Supreme Court Judge Joel Cohen wrote in a decision granting the plaintiff’s attorneys’ request for sanctions that the defendant’s counsel, Michael Fourte’s law offices, not only submitted AI-hallucinated citations and quotations in the summary judgment brief that led to the filing of the plaintiff’s motion for sanctions, but also included “multiple new AI-hallucinated citations and quotations” in the process of opposing the motion.  “In other words,” the judge wrote, “counsel relied upon unvetted AI — in his telling, via inadequately supervised colleagues — to defend his use of unvetted AI.” The case itself centers on a dispute between family members and a defaulted loan. The details of the case involve a fairly run-of-the-mill domestic money beef, but Fourte’s office allegedly using AI that generated fake citations, and then inserting nonexistent citations into the opposition brief, has become the bigger story. The plaintiff and their lawyers discovered “inaccurate citations and quotations in Defendants’ opposition brief that appeared to be ‘hallucinated’ by an AI tool,” the judge wrote in his decision to sanction Fourte. After the plaintiffs brought this issue to the Court’s attention, the judge wrote, Fourte submitted a response where the attorney “without admitting or denying the use of AI, ‘acknowledge[d] that several passages were inadvertently enclosed in quotation’ and ‘clarif[ied] that these passages were intended as paraphrases or summarized statements of the legal principles established in the cited authorities.’”…

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