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ARTICLE · 30 JUNE 2025

The Risks & Benefits Of AI: A Defence Lawyer's Perspective

The New York Times reported a story last year about a lawyer who used ChatGPT to do his legal research for a motion filed with the federal court.

CanadaTechnology

Published - SUMMER 2024 | The Litigator

The New York Times reported a story last year about a lawyer who used ChatGPT to do his legal research for a motion filed with the federal court. A problem arose when opposing counsel was unable to locate any of the decisions cited in the brief, and upon inquiry, the judge found that they were nonexistent. The lawyer ultimately "threw himself on the mercy of the court" and admitted that his research was from "a source that has revealed itself to be unreliable." At a subsequent hearing into his conduct, he admitted that "I did not comprehend that ChatGPT could fabricate cases." The lawyer was found to have acted in bad faith and was fined $5,000 by the judge. At the time of writing, it was not clear if a separate disciplinary process was initiated.

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