Warning Party To Stop Citing Fake AI Cases Is Not, In Fact, Bias - Above the Law

"Phony cases continue to proliferate across the docket. This recent explosion stems from the advent of artificial intelligence tools, with over 700 instances of embarrassing hallucinations working their way into filings so far. The problem will inevitably get worse since these AI tools are eager to provide users with whatever answer they desire, even if it's wholly made-up garbage. That's not entirely the fault of the AI."

"While lawyers keep screwing this up, the pro se litigant presents a vector for hallucinatory infection. They're already up against it with a system they don't fully understand and AI provides easy, seemingly right answers. If AI is mansplaining-as-a-service - exceedingly confident, regardless of accuracy - then its most trusting victims will be people just trying to figure out how to enforce their rights. And it's a problem bound to get worse because AI is cheap and lawyers are expensive."

AI-generated hallucinations are producing fabricated case citations in judicial filings, with over 700 instances reported. Large language models often prioritize satisfying user prompts, which can incentivize invented authorities when users request support for weak or unusual arguments. Some tools include stronger safeguards, but many still produce confident falsehoods that go unchecked. Pro se litigants are particularly vulnerable because they may rely on seemingly authoritative AI outputs without verification. The low cost and wide availability of AI tools, combined with the expense of lawyers, make the problem likely to increase despite courts warning litigants to stop using AI.

Read at Above the Law