back to article LLM aka Large Legal Mess: Judge wants lawyer fined $15K for using AI slop in filing

A federal magistrate judge has recommended $15,000 in sanctions be imposed on an attorney who cited non-existent court cases concocted by an AI chatbot. In a report [PDF] filed last week, Mark J. Dinsmore, US Magistrate Judge for the Southern District of Indiana, recommends that attorney Rafael Ramirez, of Rio Hondo, Texas, be …

  1. An_Old_Dog Silver badge
    Thumb Up

    Great Job, Magistrate Judge Dinsmore!

    And the next lawyer appearing before you and citing non-existant cases, or mis-citing true cases, should receive double that fine!

    1. oiseau

      Re: Great Job, Magistrate Judge Dinsmore!

      ... the next lawyer appearing before you and citing non-existant cases, or mis-citing true cases ...

      There should be no such thing as "the next lawyer".

      A 15K fine is not a deterrent.

      Mark my words, there will be a great many more instances of this unprofessional behaviour as that AI shit evolves further.

      The legal-asshole involved in this should be disbarred or have his licence suspended for a minimum of 10 years.

      That will send the right message.

      .

      1. Anonymous Coward
        Anonymous Coward

        Re: Great Job, Magistrate Judge Dinsmore!

        How about 10x the fee he charged his customer? And maybe being forced to refund the customer's money, as he clearly didn't do the job himself?

        1. gnasher729 Silver badge

          Re: Great Job, Magistrate Judge Dinsmore!

          Instead of ten times what he charged his client, what about ten times what this would have cost his opponent if nobody had found out. So if his client paid 10,000 to win a 50,000 judgement, not 100,000 but 500,000 penalty.

        2. O'Reg Inalsin

          Re: Great Job, Magistrate Judge Dinsmore!

          There will another suit brought for that. And if that lawyer also FU in the same way, the client can double their winnings.

    2. cyberdemon Silver badge
      Mushroom

      Re: Great Job, Magistrate Judge Dinsmore!

      The "next lawyer" should be charged with contempt of court

  2. Homo.Sapien.Floridanus

    when courts are run by LLMs

    Lawyerbot: In the case of Shredder v. Splinter, circa 1987, the dumping of chemicals resulted in increased ability and intelligence to otherwise homeless, unemployed sewer dwellers.

    My client Acme, dumped the radiated goop not to avoid disposal fees, but rather in an act of unselfish altruism, hoping to bring benefits to this city's disenfranchised population.

    Judgebot: I'm not familiar with that case but the names do sound familiar, therefore I rule in favor of Acme. Case dismissed!

    1. LBJsPNS Silver badge

      Re: when courts are run by LLMs

      *Ref. Coyote v. Roadrunner c. 1957

      1. Tim99 Silver badge

        Re: when courts are run by LLMs

        I think we all know how the follow-on case of Coyote v. Acme c. 1958 went.

        1. Roj Blake Silver badge
          Unhappy

          Re: when courts are run by LLMs

          The problem is, we don't know because Warner are refusing to release the movie.

          1. Doctor Syntax Silver badge

            Re: when courts are run by LLMs

            In this brave new world that isn't a problem. We can just hallucinate it.

    2. david 12 Silver badge

      Re: when courts are run by LLMs

      Rapid development to a more advance organism, by means of radiation induced variation, was one of the theories investigated in the 1950's to try to make Darwinian Evolution work without abandoning Charles Lyell's gradualist dictum (the idea implied by the word "evolution"). It didn't work, and Lyell Gradualism has since been rejected, but it's fun to see the way the idea radiation-induced ascent-of-man made its way into popular culture.

      1. Filippo Silver badge

        Re: when courts are run by LLMs

        Pop sci-fi latches onto whatever science is sufficiently new that it still looks like magic to regular people. Modern surgery -> Frankenstein, transistors -> Iron Man, radiation -> Hulk, and so on. Lately it's quantum. It also works with quack medicine.

        1. Doctor Syntax Silver badge

          Re: when courts are run by LLMs

          It's always been the very basis of quack medicine.

    3. Anonymous Coward
      Anonymous Coward

      Re: when courts are run by LLMs

      "Lawyerbot: In the case of Shredder v. Splinter, circa 1987, the dumping of chemicals resulted in increased ability and intelligence to otherwise homeless, unemployed sewer dwellers."

      What, you mean geo-engineering?

    4. Helcat Silver badge

      Re: when courts are run by LLMs

      I'll point you in the direction of Friday by Heinlein.

      Darn good book, and an interesting take on AI run courts...

  3. chuckufarley
    Boffin

    Wow, $15,000...

    That is a lot if of money...

    ...If you are permanently disabled in the US and your only source of income is Social Security. Mr. Rameriz might pay that much or more per year for parking.

    1. Phil O'Sophical Silver badge

      Re: Wow, $15,000...

      But good luck to him trying to get his presumably ex-client to pay his legal fees.

      1. Doctor Syntax Silver badge

        Re: Wow, $15,000...

        If he's still representing the client it will be hidden in the fees somewhere.

    2. david 12 Silver badge

      Training and Supervision anyone?

      I assume that the judge wants to assign personal responsibility, but in other areas of liability there might be a much bigger penalty for the company that employed him without proper training or supervision.

  4. Anonymous Coward
    Anonymous Coward

    looking forward to

    The first prosecutions for corporate fraud from using ShatGPT or similar Ludicrously Large Mendacity to prep accounts, bids, contracts etc.

  5. Anonymous Coward
    Anonymous Coward

    Good. This is a bit like a carpenter blaming his saw bench for making the wrong cut. Getting a powerful tool doesn't take away the responsibility for how it is used. The stupid lawyer should've a) learnt about his tools, i.e., LLMs and b) checked what it told him. Didn't his Dad tell him not to believe something because it's in the papers, on the news, OR ON THE INTERNET!

  6. H in The Hague

    Marketing

    From the article "who knows how models are being used in marketing ..."

    Somebody at the US subsidiary of one of my customers writes 1000-word long bits of waffle about their machinery (the kit is actually v good). All perfectly good English, but devoid of content, some general observations about their industry, but nothing that informs customers about the products. Pretty sure that's been written by "AI". So then their colleague in Europe sends the copy to me, I edit it, cut it to 300 words and add relevant information. Doesn't actually take that long if you understand the machines - so a nice little earner for me.

    Incidentally yesterday I interviewed a developer at another customer and they mentioned they might give their telemetry units more processing power, so they could implement Machine Learning (studiously avoiding the term AI, so they've actually thought about it.)

    1. SnailFerrous

      Re: Marketing

      This is why there needs to be two types of AI. One to generate paragraphs of waffle from a simple prompt to save a human the need to write it and another AI to summarise the paragraphs of waffle in to a few lines and save the need to read it. Both types already exist and the entire AI boom seems to be based on this.

      1. gnasher729 Silver badge

        Re: Marketing

        One day my phone will have an AI controlled answering mode that detects any AI generated scams and defends me from them.

        “Hello, this is James from Microsoft security calling”. “You are as much a Microsoft employee as I am a human end user”. “Oh sorry, didn’t want to annoy a fellow AI”. “Oh that’s no problem, but could you tell me your emergency self destruct code?”

    2. Doctor Syntax Silver badge

      Re: Marketing

      It could be an even better earner if they cut out the middle men - the guy using the AI, the AI and the colleague who sends it to you - and just commissioned you to write it from scratch.

      1. I ain't Spartacus Gold badge

        Re: Marketing

        It could be an even better earner if they cut out the middle men - the guy using the AI, the AI and the colleague who sends it to you - and just commissioned you to write it from scratch.

        But then there'd be too much work to do.

        In order to save time, they'd then be forced to use AI to help them write the draft versions of the paragraphs - and then edit them for brevity and add the important information back in...

        Cue: Flanders and Swann

  7. Ball boy Silver badge

    $5,000 per mis-reference? That'll teach the legal industry!

    And a defence of 'I didn't know AI could get things wrong' was accepted? Congrats to the judge for actually fining him - but this hallucination was presented as factual information that someone relied on in court. I'd much rather the judiciary took this kind of thing seriously and levelled a fine that would make others think twice before pulling the same stunt.

  8. vordan
    Coat

    It's all fun and games until judges themselves are to be replaced by AI.

  9. The Central Scrutinizer Silver badge

    If only I could take a gun to the head of so called AI....

    None of this shit is going to end well.

  10. Anonymous Coward
    Anonymous Coward

    just the beginning

    Given the fact laziness is the most usual human skill, this is just the beginning.

    Remember: the lazy and stupid are millions vs. the clever ! And AI is infinite !

    We're doomed, I tell you !

  11. Bebu sa Ware
    Windows

    "made up out of whole cloth"

    Having avoid the considerable misfortune of being a left pondian I was puzzled by this phrase of the good judge.

    Clearly from the context "a complete fabrication" was intended noting the curious association with textiles (fabric) and of course lies are invariably woven.

    The dictionary has it that out of whole cloth implies something made from scratch which fits.

    Why these lazy toads couldn't just look up the cases they were citing? The cases would all be digitised so not as though you're consulting a 20kg tome of vellum manuscript. Even just to verify the cases actually existed but the wise would ensure they were in any way relevant.

    I would lock the blighter up with a year's law reports and pen and paper sufficient for him to transcribe those reports before releasing the toad. Judicial lines which I, in common with the Mikado, feel is a "punishment to fit the crime."

  12. O'Reg Inalsin

    We know there are some good judges and lawyers out there catching this LLM fraud, but we wouldn't hear anything about the usage that slipped through without being detected.

    I expect there will be cases that get reopened when fake citations are discovered after the case is decided.

    Is there already software to go through submitted briefs and detect false citations? There might be money in going through all processing submitted briefs en masse to find those cases, and offering the cheated side pro rata services.

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