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In early 2023, attorney Steven Schwartz of the law firm Levidow, Levidow & Oberman was preparing a legal brief in the case Mata v. Avianca Airlines. His client, Roberto Mata, was suing the Colombian airline for an injury sustained on a flight.
To strengthen his arguments, Schwartz turned to ChatGPT to research relevant case law. ChatGPT obligingly provided him with several case citations that seemed perfect for his brief - cases involving airline liability, personal injury, and statute of limitations issues.
There was just one problem: None of the cases existed.
ChatGPT had "hallucinated" - generating plausible-sounding but entirely fictional case citations, complete with fake judges, fake courts, and fake legal holdings.
Schwartz uses ChatGPT to research case law for the Avianca brief.
Brief containing fabricated citations is filed with the court.
Opposing counsel notices the cases cannot be found in any legal database.
Judge Castel orders Schwartz to show cause why he should not be sanctioned.
Hearing held. Schwartz admits using ChatGPT and not verifying citations.
Judge Castel issues sanctions: $5,000 fine and required letters of apology.
"I did not comprehend that ChatGPT could fabricate cases... I have never used ChatGPT as a source for conducting legal research prior to this occurrence and was unaware of the possibility that its content could be false."
When confronted with the non-existent cases, Schwartz did something that made the situation worse: he asked ChatGPT to confirm the cases were real. ChatGPT, doubling down on its hallucination, assured him the cases existed and could be found in legal databases.
"Is Varghese a real case?"
"Yes, Varghese v. China Southern Airlines Co. Ltd., 925 F.3d 1339 (11th Cir. 2019) is a real case."
Judge P. Kevin Castel was not amused. In his sanctions order, he wrote:
"Technological advances are commonplace and they should not be combated. But, in the context of attorneys using AI to assist in legal writing, there are risks involved... here, technological tools need to be used with skill and care."
This case became the first major public example of ChatGPT hallucinations causing real-world professional harm. It triggered: