In NY, a lawyer cited ChatGPT-invented cases as real in a filing. Now a TX judge cracks down on AI submissions
that while he's unaware of instances of AI confabulation beyond the New York case, he expects there are others.Asked whether lawyers should know better or whether the novelty of generative AI might somehow mitigate the situation, Wu was unequivocal.
Wu said those rules were intended to apply to a paralegal or assistant, but should apply to generative AI."I read that, in an age of generative artificial intelligence, to say if you're delegating something to artificial intelligence, you need to supervise that artificial intelligence and check its results to make sure that it meets the standard of competence that lawyers are required to meet," he explained.
"And it seems to me that the Federal Rules advisory committee and state equivalents may want to change the rules of procedure. For instance, the Texas judge’s standing order concept of certifying not using generative AI or at least checking against real sources could fit within Federal Rule of Civil Procedure 11.
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