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ARTICLE · 11 JUNE 2025

Imagining Lawyer Malpractice In The Age Of Artificial Intelligence

Wilson Elser Moskowitz Edelman & Dicker LLP
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My dear Miss Glory, the Robots are not people.

United StatesTechnology
Daniel E. Tranen
Daniel E. Tranen
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My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1

This was a quote at the outset ofBunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used ChatGPT to write a legal brief containing hallucinated or fake legal cases to support the legal argument presented to the court. As the court noted, while sanctioning the offending lawyer who presented the false cases to the court, "[t]o be a lawyer is to be human, a tacit prerequisite to comply with Federal Rule of Civil Procedure Rule 11(b)(2)."3

The future is here. Generative Artificial Intelligence (GAI) is fully capable of generating legal briefs, pleadings, demand letters, and other legal correspondence.4Just open ChatGPT and prompt it to write a demand letter involving some set of facts involving a casualty and ask it to make a demand for one million dollars. Open AI models

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