Company case

Levidow, Levidow & Oberman: fined after filing court papers with cases ChatGPT made up

A lawyer used ChatGPT for legal research and filed six court decisions that did not exist. The court fined the firm and two of its lawyers. The judge said using AI was not the problem. Not checking was.

Outcome Went wrong

Something failed in work where AI was used, and there is a public record of it.

In the guide What fails

At a glance

Company
Levidow, Levidow & Oberman P.C.Law firm
Size
Not stated in the source The court record names one equity partner.
Industry
Professional services
Where and when
United States (federal court in New York). March–June 2023.
Who produced the figures
Court or tribunal recordEverything on this page comes from the court’s published opinion and order on sanctions.

What they did

The firm acted for a passenger suing the airline Avianca. One of its lawyers needed federal case law that the firm’s research service did not fully cover. He turned to ChatGPT, which he had not used before. He told the court he “falsely assumed” it was “like a super search engine”.

ChatGPT gave him summaries of court decisions that supported his argument. The firm filed them on 1 March 2023.

The numbers

  • Six of the cited decisions did not exist. ChatGPT had made them up, with fake quotes and fake citations.
  • About twelve weeks passed between the filing and the lawyers telling the court what had happened. The airline’s lawyers questioned the cases on 15 March. The court ordered copies in April. The lawyers then filed what they presented as copies or excerpts of the decisions. Those were fake too.
  • $5,000 was the penalty, imposed jointly on the firm and two lawyers on 22 June 2023.
  • The court also ordered them to send its opinion to their client and to each judge named as the author of a fake decision.

What happened next

The firm told the court it had widened its research subscription. It also arranged training for its lawyers on technology and AI tools. The court took this into account.

What the case shows

  • The court did not ban AI. The judge wrote that there is “nothing inherently improper about using a reliable artificial intelligence tool for assistance”.
  • The duty to check stayed with the lawyers. The judge wrote that existing rules give lawyers “a gatekeeping role” to make sure their filings are accurate.
  • The user did not know what the tool was. He thought it was a search engine. A short test of what staff know about AI would have caught this. A self-rating would not.
  • Standing by the output made it worse. The court said the outcome would have been “quite different” if the lawyers had admitted the problem when first asked.

What this says about the practices

Practices that were missing

What the company changed afterwards

Sources

  1. Mata v. Avianca, Inc., No. 22-cv-1461 (PKC). Opinion and Order on Sanctions, 22 June 2023. US District Court, Southern District of New York. storage.courtlistener.com