A major US law firm, Morgan & Morgan, is facing scrutiny after two of its lawyers admitted to using artificial intelligence (AI) that generated fictitious case law in a lawsuit against Walmart.
The incident in a Wyoming federal court highlights the potential pitfalls of relying on AI in legal proceedings and has prompted the firm to issue an urgent warning to its lawyers about the use of AI.
The case involved a lawsuit filed by Morgan & Morgan on behalf of a client who alleged injuries and property damage caused by a defective hoverboard battery.
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In a motion filed in January, the lawyers cited nine cases to support their arguments, but Judge Kelly Rankin discovered that seven of the cases were completely fabricated by the firm’s internal AI tool.
“The cases are not identifiable by their Westlaw cite, and the Court cannot locate the District of Wyoming cases by their case name in its local Electronic Court Filing System,” Judge Rankin wrote in her order.
Morgan & Morgan lawyer Rudwin Ayala, who prepared the motion, admitted to relying on the AI tool and failing to verify the accuracy of the case citations. He attributed the error to “AI hallucinations,” a term used to describe instances where AI generates false or misleading information.
“My reliance on the query results was misplaced,” Ayala wrote in a court filing. “I failed to verify that the case citations resulted were in fact accurate as I expected them to be.”
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In response to the incident, Morgan & Morgan has taken steps to address the issue and prevent future occurrences:
- Internal Review: The firm has convened a team of ethics counsel to review the use of AI.
- Attorney Training: The firm has implemented additional training for its lawyers on the responsible use of AI and its limitations.
- “Click Box” Acknowledgement: Attorneys using AI are now required to acknowledge the limitations of the technology.
While AI can be a valuable tool for legal research and analysis, it is crucial to recognize its limitations and verify the accuracy of its output, especially when preparing legal filings.
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