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Some Virginia attorneys are under scrutiny for allegedly submitting a brief containing AI-generated content that included “seemingly fictitious cases and quotations.”

This incident has led Judge Thomas T. Cullen of the Western District of Virginia to issue a show cause order, demanding an explanation from the lawyers involved.

This case is one of many emerging across the United States where attorneys have submitted sources and quotes that appear to be fabricated, raising concerns about the use of artificial intelligence in legal research.

One of the critical limitations of AI tools like ChatGPT is their tendency to fabricate or “hallucinate” citations.

 These AI-generated fictitious cases citations may appear legitimate and scholarly, but they are entirely fictional.

AI can produce confident responses without any real data to back them up, much like a person under the influence of hallucinations can speak with conviction without proper reasoning.

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2023 Annual Report from Supreme Court

In his 2023 annual report, Supreme Court Justice John Roberts addressed the growing influence of artificial intelligence within the legal profession. 

The potential risks and rewards of AI in legal research have been a hot topic, especially after the AI tool ChatGPT made headlines last year for passing several law school exams.

However, the use of AI tools in legal research can also lead to significant issues. Michael Cohen, who previously served as an attorney for former President Donald Trump, experienced this firsthand.

His criminal defense lawyer provided citations to cases that were later revealed to be fake. This growing trend of AI-related errors in legal documents has alarmed many in the legal community.

The most recent incident in Virginia is also a reminder of these risks, highlighting the need for caution when relying on AI for legal work.

Fictitious Cases Cited in Virginia

The controversy in Virginia began when the plaintiff’s counsel objected to a protective order granted by U.S. Magistrate Judge Joel C. Hoppe in the case Iovino v. Michael Stapleton Associates, Ltd.

The defendant’s legal team flagged several issues with the plaintiff’s brief, including citations to cases that do not exist and quotes that cannot be found in any legal databases.

These inaccuracies are suspected to have originated from the unchecked use of AI, likely through software such as ChatGPT. 

One particularly egregious error involved a citation that purported to quote language from Graves v. Lioi, a case that is nonexistent in the actual Fourth Circuit opinion.

As a result, Judge Cullen has ordered the plaintiff’s attorneys to explain by August 14 why they should not be sanctioned or referred to their respective state bars for professional misconduct. 

The judge expressed his frustration with the plaintiff’s attorneys for not responding to the allegations, calling their silence “deafening.”

AI Abuse in Legal Work

This case has raised serious questions about the integrity of the legal system and the potential for AI abuse during the drafting process.

Judge Cullen emphasized that while using AI for legal work is not inherently wrong, attorneys who choose to utilize such technology must ensure the accuracy of every citation and quote they include in their filings.

He warned that both intentional and unintentional misuse of AI could lead to severe consequences, such as accusations of bad faith or deliberate attempts to mislead the court. 

To protect the integrity of the legal proceedings, Judge Cullen issued the show cause order to investigate the origin of the alleged false references.