Admit it. Editing and cite checking are tasks you learned to hate in law school. With A.I. putting squiggly lines under words and phrases in Word, summaries of searches front and center in Google, and yellow and red flags in the top left corner of Westlaw searches, it is easy to be lulled into a false sense of security. If allowed to proceed to its logical end, A.I. can summarize your research, draft your documents, and edit your final product.
Not so fast! The legal landscape is becoming littered with orders to show cause and formal disciplinary actions, with the licenses of well-meaning but over-indulgent attorneys lying in the balance. For example, in Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 455 (S.D.N.Y. 2023), the attorney used A.I. to compose his argument. The filing “annexed” a decision identified as “Petersen v. Iran Air, 905 F. Supp. 2d 121 (D.D.C. 2012)”, which had an additional citation to “2012 U.S. Dist. LEXIS 17409. (ECF 29-3.).” 678 F.Supp.3d at 455. That case did not exist. Id. at 456. The attorney’s filing proceeded to identify or attribute several other cases incorrectly. Id. In trying to show cause why sanctions should not be imposed, the attorney “endeavored to explain why he turned to ChatGPT for legal research.” Id. That attorney explained his process with ChatGPT in painful detail, and the Court was not satisfied, finding that the attorney acted in bad faith and imposing severe sanctions. Id. at 457, 467.
A.I. devours what it is fed and spits out documents that look like lean and mean pleadings worthy of filing. Complete with a plethora of analogous case authorities, A.I. can persuade the unwitting attorney to sign on the dotted line and file the document with the court without further consideration. But consider this: your state’s rules of professional conduct likely require you to sign all documents you file with the court, verifying that you have conducted your due diligence and are vouching for the reliability of the information in the document.
The problem for the unwary is that A.I. does not think in the same way that we do. It does not consider that weighing facts to extrapolate a given answer and providing a citation is only appropriate if there is a reported case behind that citation. Too often, A.I. will concoct its own authorities to make its points. By carrying over the same Blue Book rules for citation, A.I. creates the illusion of authenticity. In a typical motion produced by A.I., however, it is not uncommon for an attentive legal editor and cite checker to find a dozen illegitimate citations that had every appearance of being real cases or statutes or articles.
But you used A.I. in the first place to save time and resources. How do you undertake the essential task of editing and cite checking. Especially solo and small firm attorneys must engage in a near daily battle of tug-o-war, trying to balance the demands of making it rain and maintaining client communications with the task of engaging in an aggressive paper chase that will strengthen the client’s position and weaken opposing counsel’s resolve. This goal cannot be achieved without engaging an aggressive and talented legal editor and cite checker like those at Cheryl L Miller, LLC -- https://www.cherylmillerllc.com/on-demand-litigation-and-paralegal-support
The legal editors at Cheryl L Miller, LLC will view the cited authorities as guideposts, not gospel. They will take each legal authority generated by A.I. and test its validity. All too often, the editors will find that the authority is illegitimate – created and existing only in the bowels of the A.I. software. A.I. can be very useful in creating the structure for your argument. It cannot, however, replace human refinement. That is where legal editors and cite checkers will save the day.
Don’t let your hard work be undone by bad citations or unreliable AI-generated research.
Partner with Cheryl L Miller, LLC — where experienced legal editors and cite checkers safeguard your filings, validate your authorities, and protect your professional reputation.
Call us at 573-238-8130
Email: admin@cherylmillerllc.com
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