Using AI
As an attorney, I have been very hesitant to use AI. There are reported case decisions where attorneys have used AI to write briefs. The attorneys failed to read the cases that they were citing in their own briefs, many of which were fictious. Those attorneys have been disbarred.
I recently watched a case being argued in the appellate court in New York that governs Long Island, Queens, Staten Island and Westchester. The court quickly informed the appellant that there were seven cases in his brief that they could not find. They accused him of using AI, which he denied. In subsequent papers he admitted to the use of AI and he has been referred to the grievance committee. His opponent, as well, was criticized by the appellate court, for failing to recognize that the cases were fictitious.
I recently received a voluminous set of financial statements from an adversary. I sent copies to my client and told her it would take me over three hours to review. Within minutes she sent me back and outline that “her” AI generated of all the suspicious transactions contained in the documents. I insisted on reviewing them myself. I found the same transactions that AI had found and a few others that I deemed suspicious.
Just this week I was writing a brief and I need one case to support one sentence that I had written. Researching and finding the case was taking up a lot of time. I tentatively asked AI to find me a case. It found me two, one of which had no relevance to my inquiry. The second case was on point with what I needed. After confirming that, by reading the case, I used the case in my brief and finalized the brief.
I am in a quandary. I am still very hesitant to use AI. But, it has been proven effective in my work, perhaps as an additional “tool” in my arsenal. Do you use AI in your work? If so, how?

Comments
Hi Rona!If you treat your AI…
Hi Rona!
If you treat your AI system as you did in this case - a search engine - then checking whatever it finds, then it seems to me you are using it responsibly and treating it the same way you would a paralegal. Both will make mistakes, the difference is AI may intentionally hallucinate/make up cases to give you what you asked for, while a paralegal (assuming you hired one that is honest!) will not intentionally make mistakes, but may make them nonetheless.
While you still of course should check everything that is produced, you can attempt to lower the false positives by addressing it directly in your prompt/instructions to the system.
In fact, I would suggest the following:
Develop a prompt now that you can use for the next case, and test it again against the same case you just did.
1) tell your AI system that you want to develop a repeatable prompt for checking case law/precedence, no matter the case that you are working on
2) the prompt should include crystal clear instructions to NEVER make up cases or data or responses in any way.
3) the prompt should include a note saying that any made up or unverifiable responses will be considered as a failure to deliver properly on the request, and in fact you will be equally satisfied with zero results (assuming there truly are zero results) as you would be with results (assuming they are verifiable).
4) The key thing always is that the results be real, verifiable case law and always includes links so that you may verify.
While you're at it, you may want to include instructions for including confidence levels of relevance, and perhaps key quotes that are exact quotes - not paraphrases, not edited in any way, word for word quotes.
Happy to discuss!
Dave
203-722-6861
david.freedman@aon.com
Use it as a tool. Verify…
Use it as a tool. Verify results before submitting.
I utilize OSI
I utilize OSI
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