"As courts succumb to the apparent inevitability of AI being used to collaborate on briefs, they've shared some pretty reasonable expectations with the lawyers who use ChatGPT or whatever LLM is en vogue to do their jobs. First and foremost, you are responsible for whatever work you hand in. And is that really so strict of an expectation? If you expect a judge to sit through your laundry list of WHEAREAS and whatnot, the least you can do is proofread your words and the cases you cite to."
"A Wisconsin judge sanctioned a prosecutor for secretly using artificial intelligence in court filings, and getting the law wrong in a burglary case that ended up being dismissed....[K]enosha County Circuit Court Judge David Hughes sanctioned county District Attorney Xavier Solis during a hearing in the case of Christain Garrett, 26, and Cornelius Garrett, 32, who in 2023 were charged with a combined 74 criminal counts - 38 of them felonies - related to burglary and property damage."
"The problem isn't really that Solis used AI, the problem is that he couldn't follow the local rules. The judge allows for the use of AI in documents, you just have to also tack on a disclosure that you got some LLM help, give the name of the program you used, explain how it was used, along with some other minor housekeeping stuff. The legal equivalent of your math teacher telling you to show your work. It keeps everyone hones"
Courts permit lawyers to use AI tools for drafting but impose clear responsibilities on attorneys for final work quality and accuracy. A Wisconsin prosecutor was sanctioned after secretly using AI in filings and citing incorrect law in a burglary matter that was later dismissed. The sanctions arose from failure to follow local rules and to verify cited case law, not merely from AI usage. Local rules require disclosure of any LLM assistance, the tool's name, and an explanation of how it was used. These requirements promote transparency, accuracy, and accountability in legal filings.
Read at Above the Law
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