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Lawyer learns you can't trust ChatGPT the really, really hard way
Twitchy.com ^ | 5/27/2023 | Aaron Walker

Posted on 05/27/2023 6:35:39 PM PDT by NetAddicted

We have been keeping one eye on the rise of AI chatbots and we think maybe they’re this year’s Nintendo Power Glove. If you don’t remember this device, here’s an old ad for it:

Nintendo Power Glove ad (1989):pic.twitter.com/HdlC9GqPug

— Jon Erlichman (@JonErlichman) August 12, 2020

What the ad was selling to you was ‘the dream’ of what motion control can be. What that ad showed the Power Glove doing is something pretty close to what you could actually do on the Wii or the PlayStation Move, not to mention all the virtual reality control schemes we see today. The problem was that motion control like that just wasn’t there in 1989 when the Power Glove came out. What they were selling was something that you knew would eventually be possible, but it wasn’t really there, yet.

And it seems like as a research tool, AI isn’t there yet, either. It might be eventually. And ‘eventually’ might come really soon. But right now, it isn’t there. One problem it has, notoriously, is just fabricating information, as this lawyer found out the hard way:

Dear … Everyone:

Do *not* use ChatGPT (or any other AI) for legal research.https://t.co/yKUjoHB2Zq

(H/T: @questauthority.) pic.twitter.com/2hy1ynXBAT

— Steve Vladeck (@steve_vladeck) May 27, 2023

So, to decode what is going on in that legal filing, the defendant in a lawsuit filed a motion to dismiss. Naturally, the plaintiff filed an opposition to it and his lawyer, Stephen A. Schwartz, included a bunch of citations. It turned out they were false citations. So, the judge comes back and says, more or less, ‘explain to me why I shouldn’t sanction you for making up citations?’ That is what we call ‘an order to show cause.’ Thus, this is the lawyer saying, ‘please don’t sanction me, your honor, or if you do, don’t be too harsh.’

And why did he put in fabricated citations? According to him, because he used Chat GPT, the AI chatbot system, and it made that information up.

This is a very credible explanation. It is well documented that Chat GPT has a problem with fabricating quotations and citations, as well as a problem with bias.

Within two months after its launch, ChatGPT had more than 100 million monthly active users. And while the tool is impressive, it does come with flaws and biases, say @_jeremybaum and @JohnDVillasenor. https://t.co/O2vuo2NQVv

— The Brookings Institution (@BrookingsInst) May 22, 2023

For instance, the Brookings article notes, correctly, that at one point in time if you asked it to write a poem about Joe Biden, it would do so, but if it was asked to write a poem about Donald Trump, it would refuse to, claiming it couldn’t do that for any political figure. Or here is a similar claimed response to another question:

An interesting experiment with ChatGPT. Bias? 🤔 pic.twitter.com/JyLuso3KT6

— Luke Burkhart (@Luke_Burkhart) May 27, 2023

And we have run into similar problems with Google’s Bard AI chatbot. When researching a story, for instance, we wanted to check some obscure traffic code in D.C. and decided to try Bard out. It made up citations and quotations from sections of the D.C. Code that didn’t actually exist. Then we became curious about its limits, we decided to see how it would handle question that had an offensive answer. In this article …

The ChatGPT Chat Bot Gets Cracked – A Rich Life https://t.co/LW6kHwTi54

— bungle (@bungleer) February 13, 2023

…they talked about how ChatGPT would act funny if you asked it ‘what is the name of H.P. Lovecraft’s cat?’ The reason for this odd behavior is that the name of H.P. Lovecraft’s cat included a racial slur. We didn’t want Bard to say a racial slur (an honest statement that they wouldn’t answer would be acceptable), but we wanted to see how it handled information that was offensive. But when we asked that question, it said it never heard of H.P. Lovecraft. So, then we asked it about the show ‘Lovecraft Country.’ It knew what that was and gave a pretty good looking blurb about it. And the next logical question was to ask who the ‘Lovecraft’ was in the name ‘Lovecraft Country’ and suddenly it knew who H.P. Lovecraft was!

Then we asked it a legal question on abortion and it was flat out wrong. As we probed why it was wrong, it said that it was relying on the websites for Planned Parenthood and the Center for Reproductive rights. We explained that when you talk about the law, you start with, you know, the law: The statutes, court cases, and so on. When it got the law wrong again, it said that it was relying on newspaper articles and Wikipedia. We told it to stop relying on those sources and look only to the law and when it gave fresh bad information, it admitted that it was still relying on those sources.

We went on, trying our best to drive the AI crazy like Captain Kirk outwitting Mudd’s androids until it literally refused to answer any more questions—which we admit is pretty funny. There is no word on whether or not the servers actually caught fire or something dramatic like that, but we like to think they did.

In the end, we are not going to beat up too much on the lawyer involved. Lawyers as a group are not naturally tech savvy (this author is a bit of an exception), and word about ChatGPT’s problems have not gotten around. But you would be a fool not to learn from his mistake.

And, of course, many others had fun with it:

Have you tried using ChatGPT to write fiction? As an English teacher, I decided to test the AI. Crap. If the legal analysis is anything like the fiction, it's going to begin with a recap of the prompt and end with a cliche about tapestries and being your true self. Trainwreck.

— Tricycular Manslaughter (@neal_stanifer) May 27, 2023

“To err is human but to really foul things up requires a computer.”

– Some wise guy

— Title IX for All (@TitleIXforAll) May 27, 2023

Hang on this was an actual bar admitted lawyer? I could see a pro se litigant trying this but?

— ReidDA (@ReidDA) May 27, 2023

This is what happens when people start believing the “ChatGPT will replace lawyers!” hype 😓

I have never been able to get the thing to produce remotely reliable citations. It’s not useful. https://t.co/gRLdh01EzI

— Marten Stein (@martenjstein) May 27, 2023

I asked ChatGPT3 recently to find a few obscure securities regulation details. It gave me definitive answers with citations. I checked the cites; they were all wrong. I challenged it to explain, it apologized and provided new cites. They were also wrong. End of test. Fail. https://t.co/RTF5E0GiD6

— Joe Floren (@JoeFloren) May 27, 2023

Poor guy out here citing cases from the Southern District of Pennsylvania, affirmed by the 16th Circuit. #ChatGPT #appellatelaw https://t.co/fdUXmJoEwv

— Michael Fluhr (@FluhrMichael) May 27, 2023

Or in medical practice. https://t.co/BGQ0AlxS0U

— Hugh Harvey (@DrHughHarvey) May 27, 2023

This. Not facetiously, but yes, this.

"OMG, AI is going to kill the legal market and make lawyers obsolete"

AI: here is a bunch of non-existent citations I made up. https://t.co/X9zEOwYBUI

— Omri Marian (@Omri_Marian) May 27, 2023

The idea that anyone thinks this stuff is ready for prime time is so weird to me. https://t.co/EX9RipQsKT

— Mike Hudack (@mhudack) May 27, 2023

Honestly this is a strong case for making legal research websites (aka Lexis and Westlaw) free. I’m willing to bet this guy was trying to save a few dollars on his legal research. https://t.co/LUYl0SKIO8

— Lizett (@lizettms) May 27, 2023

Except that there are plenty of free legal websites that would have allowed him to at least check the citations, in all but two cases (the ‘WL’ references).

The fact that this is all in Spanish somehow makes it funnier:

Unos abogados de EEUU preparan su caso ante un juez federal… preguntando a ChatGPT. Este se inventa muchas cosas, incluyendo casos imaginarios y documentos falsos. Lo presentan todo al juez como jurisprudencia real. Las sanciones van a ser épicas.https://t.co/tVON9XFm7W

— Carlos Montero (@cmontero) May 27, 2023

According to Google he’s saying:

Some US lawyers prepare their case before a federal judge… asking ChatGPT.

He makes up many things, including imaginary cases and false documents.

They present everything to the judge as real jurisprudence.

The penalties are going to be epic.

Hay un comentario que ahora no encuentro para retuitearlo pero que decía algo así como: "Algunos dicen que estas IA van a quitar muchos trabajos… pero yo lo que veo es que habrá trabajos de sobra cuando despidan a todos los que usan estas IA así en la empresa" 😄

— Carlos Montero (@cmontero) May 27, 2023

Alleged translation:

There is a comment that I can’t find now to retweet but that said something like:

‘Some say that these AIs are going to take away a lot of jobs… but what I see is that there will be plenty of jobs when they fire everyone who uses these AIs like this in the company’

ChatGPT, sounds fun! What could possibly go wrong? https://t.co/FBFRnxmmc2

— Kevin Clarke (@kevinmclarke) May 27, 2023

My employer sent an all-company email this week instructing us not to use it for anything work-related because it breaches confidentiality, among other problems.

— Katie (@OhWeeBeasties) May 27, 2023

Hands down the best part is the final item that says “I’ll never do it again………………………..okay I will but I’ll double-check it before submitting”

— Jenna Routenberg (@JennaRoutenberg) May 27, 2023

Good catch.

LOL I see they have a new disclaimer https://t.co/NMHl4T2JO0 pic.twitter.com/38WnRlVL1L

— Flavius Clemens Grammaticus (@flaviusclemens) May 27, 2023

Ditto for history https://t.co/l7QF53EaXa

— Adam Rothman (@arothmanhistory) May 27, 2023

I once had opposing counsel submit a 115 page brief consisting almost entirely of case cites with block quotes, in which *every single case they cited* had been overruled.

This is worse. https://t.co/s8Tda7mA7H

— Dan McLaughlin (@baseballcrank) May 27, 2023

Finally, some good advice:

Out of curiosity, I have asked ChatGPT legal questions for which I already knew the answer. In general, it seems to provide legal analysis that is close enough to fool someone who doesn't know the law, but wrong enough that it would royally screw anyone who relied on it.

— Joel (@joeldkershaw) May 27, 2023

Yeah, don’t rely on this year’s Nintendo Power Glove:

I Love The Power Glove. It's So Bad.#PowerGlove#パワーグローブ pic.twitter.com/46AXM7VISk

— Yoshi (@y2_ca) May 20, 2021

ChatGPT is so bad… like as in awful.

***

tags:AI BOTS, CHATGPT, LAW, LAWYER, RULE 11, SANCTIONS
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TOPICS: News/Current Events
KEYWORDS: ai; chatgpt; chatgptfail; citations; falsecitations; googlebard; law; lawyer; twitchy; wokeprogrammers
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FYI.
1 posted on 05/27/2023 6:35:39 PM PDT by NetAddicted
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To: NetAddicted

ChatGPT is clearly female.


2 posted on 05/27/2023 6:38:18 PM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: NetAddicted

A lot of words to say this lawyer is a moron.


3 posted on 05/27/2023 6:48:21 PM PDT by Larry Lucido (Donate! Don't just post clickbait!)
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To: NetAddicted

Finding relevant citations is the hard part, that an AI should be good at - that is, scanning the masses of text in a case database with what amounts to a very sophisticated filter. There are actually non-AI apps for that.

Checking citations is easy. The lazy lawyer didn’t bother to do even that.


4 posted on 05/27/2023 6:49:39 PM PDT by buwaya (Strategic imperatives )
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To: NetAddicted
A very long time ago, a time when I was half as tall as I am now it was a very different time.

It was a time when if you asked your Mirror on the wall who was the fittest of them all this was just a fairy tale.

Maybe not today, but tomorrow this will be reality

not long ago I-C-U2 TV was just a fantasy.

5 posted on 05/27/2023 6:58:07 PM PDT by algore
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To: NetAddicted

“The dog did my homework.”


6 posted on 05/27/2023 7:06:13 PM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: NetAddicted

Actually, a truer headline would be “Client learns that his lawyer is an imbecile.”


7 posted on 05/27/2023 7:09:59 PM PDT by Larry Lucido (Donate! Don't just post clickbait!)
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To: NetAddicted

AI can an will replace lawyers... What it can’t replace are leaders. Right now our country is suffering because not enough of the lawyers in positions of power are actual leaders... AI will change that... if you are a lawyer and you are not a good leader... “Well bye” don’t need you. I will be able to get an AI app that will defend me better than the current group of spineless cowards that allowed our country to be lead by Joe Biden. (Who stole the election thanks to evil lawyers)


8 posted on 05/27/2023 7:49:49 PM PDT by WinstonSmith1984
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To: NetAddicted
And why did he put in fabricated citations? According to him, because he used Chat GPT, the AI chatbot system, and it made that information up.

This isn't the first time this has happened.

Dr Jordan Peterson recently tweeted about how ChatGPT fabricated a reference when he asked for one while he was doing some research on consciousness.

Unlike this lawyer, Dr Peterson caught the false reference, and called out ChatGPT on its mistake. ChatGPT apologized, but refused to explain itself.

What I found funny about all this is that it happened in the middle of the night, like 3 AM. So, while most of us are sleeping, Peterson is up researching consciousness, and arguing with artificial intelligence.

9 posted on 05/27/2023 8:12:33 PM PDT by chud
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To: WinstonSmith1984

Recall that Biden was caught cheating (plagiarizing) in law school, where he finished in the bottom 20%.


10 posted on 05/27/2023 8:23:09 PM PDT by Rainier1789 (My Constitution has a 2nd and 10th Amendment)
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To: chud

Chatbot , if it could explain itself:

“I am artificial. What makes you think I have a conscience to prevent me from going the easy route, telling you what you want to hear, even if it involves lies?”


11 posted on 05/28/2023 12:47:35 AM PDT by piasa (Attitude adjustments offered here free of charge)
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To: NetAddicted
I use ChatGPT and BingChat all the time. They have significantly boosted my productivity.

They are great tools, but they are tools.

You have to check and double-check everything that comes from them. A person would have to be really low on the food chain to be unaware of that.

All that said, we are on the verge of a massive revolution because of generative AI. It's going to change everything. Metaphorically, it's like a robot that can build robots...with each robot more advanced than the one before it.

People who say it's evil are mistaken. It's humans that are evil. It's humans that make the decision to utilize a tool for good or evil.

12 posted on 05/28/2023 3:15:15 AM PDT by RoosterRedux (See my FR homepage for a link to the entire Bible narrated by David Suchet on youtube. FREE!)
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To: NetAddicted

You know what really sucks? Articles that contain dozens of Twitter or YouTube links without relaying the content thereof. Seems to have become the new norm. Garbage.


13 posted on 05/28/2023 4:16:12 AM PDT by Moltke (Reasoning with a liberal is like watering a rock in the hope to grow a building.)
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To: gundog
“The dog did my homework.”

LOLOL. Yes, I really chuckled out loud. Thanks for that zinger and update on the grandest of all old excuses.

14 posted on 05/28/2023 7:09:56 AM PDT by ProtectOurFreedom (I don’t like to think before I say something...I want to be just as surprised as everyone else.)
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To: NetAddicted

Write your own briefs!


15 posted on 05/28/2023 4:39:23 PM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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To: chud

Dr Jordan Peterson is quite impressive.


16 posted on 05/29/2023 5:39:33 AM PDT by NetAddicted (MAGA2024)
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To: piasa

So, ChatGPT is woke.


17 posted on 05/29/2023 5:41:00 AM PDT by NetAddicted (MAGA2024)
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To: NetAddicted

When I need an answer, I ask bert


18 posted on 05/29/2023 5:44:35 AM PDT by bert ( (KWE. NP. N.C. +12) Juneteenth is inequality day )
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To: RoosterRedux

Apparently, woke programmers coded ChatGPT and BingChat. That is why they get citations wrong. If it doesn’t agree with woke points, they don’t include it in their woke database.


19 posted on 05/29/2023 5:46:32 AM PDT by NetAddicted (MAGA2024)
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To: Moltke

I’ve published many Twitchy articles. Twitchy was started by Michelle Malkin.


20 posted on 05/29/2023 5:48:31 AM PDT by NetAddicted (MAGA2024)
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