When a lawyer commits ethics violations, it could be an example of legal malpractice. Common examples include breaching confidentiality, making false statements or taking other intentional actions that harm a client’s case. A lawyer is not expected to win every single case, but they are expected to put their client’s best interests first and work diligently and honestly on the client’s behalf.
Last year, a very interesting case highlighted some of the risks of using modern technology and how it could lead to legal malpractice. A lawyer drafting a document decided to use ChatGPT to help construct it. Unfortunately, the AI system cited six different cases in the brief—and none of those cases actually existed.
For his part, the lawyer claimed he didn’t know that ChatGPT could produce inaccurate results. In other words, he did not intentionally include fictional cases in the brief.
However, he admitted to relying too much on the technology and regretted his actions. At the very least, it shows that he did not edit the contents of the brief or verify the sources to ensure their accuracy. If the brief relied on the outcomes of those cases, he certainly should have checked to make sure the AI program cited legitimate cases and got the details right—something he clearly didn’t do if the cases didn’t even exist.
The development of technology
The law is not the only industry being impacted by AI, but this case clearly shows how the development of technology can be problematic. A lawyer may think they are just being efficient and working hard on their client’s behalf. But if they’re not careful, these types of actions could significantly harm the client’s case.
If you find yourself in a position where you believe your lawyer committed ethics violations or legal malpractice, be sure you know exactly what steps you can take moving forward.