Lawyers who cited fake cases hallucinated by ChatGPT must pay
Varghese v. China Southern Airlines Co. Ltd., 925 F.3d 1339
," but, as Schwartz told the judge in his June 6 declaration, the chatty AI model also lied when questioned about the veracity of its citation, saying the case"does indeed exist" and insisting the case can be found on Westlaw and LexisNexis, despite assertions to the contrary by the court and the defense counsel.
"The opposing party wastes time and money in exposing the deception. The court’s time is taken from other important endeavors. The client may be deprived of arguments based on authentic judicial precedents. There is potential harm to the reputation of judges and courts whose names are falsely invoked as authors of the bogus opinions and to the reputation of a party attributed with fictional conduct. It promotes cynicism about the legal profession and the American judicial system.
A future litigant may be tempted to defy a judicial ruling by disingenuously claiming doubt about its authenticity To punish the attorneys, the judge directed each to pay a $5,000 fine to the court, to notify their client, and to notify each real judge falsely identified as the author of the cited fake cases.
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