Nearly three years after Mata v. Avianca, courts have issued hundreds of sanctions related to “hallucinated” citations, and state disciplinary bodies have followed suit.
Hallucinated citations likely dominate current attorney generative AI-misuse cases because courts and opposing counsel can readily spot these errors. However, there are other less-visible risks that are just as ethically fraught.
Below are five everyday AI-related risks that that go beyond checking for false citations and that lawyers must consider:
1. Failing to Keep Up With Evolving AI Capabilities.
American Bar Association Model Rule of Professional Responsibility 1.1, comment 8 requires lawyers to be aware ...