By Victoria Isaiah
As technology advances, it is essential to reflect on the history of other technological advancements that have drastically shaped our world. In the 20th Century, IBM introduced their first calculators, which solved complex mathematical problems faster than humans.[1] This new invention was met by an immense amount of skepticism and fear that these new machines would replace mathematicians.[2] Fast forward to the 21st Century, the world has found itself in the same dilemma with the invention of artificial intelligence (AI).[3] The key difference is that this time, AIs only require humans to input clear instructions, and they are able to “think” independently to provide an output.[4] This mechanism is called machine learning, it enables computers to acquire knowledge from various experiences rather than requiring explicit programming for each task.[5] As AI is being improved upon, there are a lot of moving pieces and unknown variables.[6] Today, one of the biggest fears is that advances in AI will eventually render some jobs obsolete.[7]
Courts have differing views on the use of AI. Some courts welcome it, while others prohibit it, requiring attorneys to certify that AI was not used while drafting any court document.[8] Under Rule 11 of the Federal Rules of Civil Procedure, attorneys are required to investigate and verify all information prior to providing it to the court.[9] Attorneys who fail to do so are subject to sanctions for “ misrepresenting facts or making frivolous legal arguments.”[10] In Mata v. Avianca, Inc., the New York Southern District Court sanctioned attorneys for submitting a brief filled with “non-existent judicial opinions” generated by Chat GPT.[11] The case was decided on June 22, 2023 and the plaintiff, Mata, filed suit against Avianca for injuring him with a serving cart aboard an Avianca aircraft.[12] On January 13, 2023, defendants filed a motion to dismiss and on March 1, 2023, plaintiff’s attorneys filed an Affirmation in Opposition to the motion to dismiss.[13] The Affirmation in Opposition to the motion to dismiss was written by Mr. Schwartz and signed by Mr. LoDuca, who did not review or verify any of Mr. Schwartz’s cited authorities.[14] Mr. Scwartz testified that he essentially put his faith in Chat GPT, and it did not occur to him that Chat GPT was capable of fabricating cases.[15]
In deciding this case, the court considered factors such as Mr. Schwart’s years of experience and his familiarity with federal law.[16] The court ultimately concluded that since the attorneys submitted the brief without making any reasonable inquiries, this constituted as an act of bad faith.[17] Although Judge Castel sanctioned the attorneys, he did not disapprove of the use of AI; instead, he was displeased by the attorney’s carelessness.[18] Judge Castel views AI as an assistance tool, similar to encyclopedias and other online databases, and he urges attorneys to be guided while using AI.[19]
This case should serve as a lesson to AI users worldwide. It is undisputed that AI can render itself useful in some ways, but using it cautiously as an assistance tool rather than a cheat code is essential.
[1] Frank da Cruz, IBM Calculators, Colum. Univ. Computing Hist. (Mar. 27, 2021), http://www.columbia.edu/cu/computinghistory/calculator.html.
[2] See Erez Yereslove, Calculators Didn’t Replace Mathematicians, and AI Won’t Replace Humans, World Econ. F. (Jan. 29, 2019), https://www.weforum.org/agenda/2019/01/calculators-didnt-replace-mathematicians-ai-automation-work/.
[3] Farokh Shahabi, AI is the Calculator of the 21st Century, Medium (May 2, 2023),
[4] Maria Diaz, What is AI? Everything to Know About Artificial Intelligence, ZDNET (Apr. 21, 2023), https://www.zdnet.com/article/what-is-ai-heres-everything-you-need-to-know-about-artificial-intelligence/.
[5] Id.
[6] Susan Fourtané, Artificial Intelligence and the Fear of the Unknown, Interesting Eng’g (Mar. 4, 2019, 10:25 AM), https://interestingengineering.com/innovation/artificial-intelligence-and-the-fear-of-the-unknown.
[7] Eric Rosenbaum, These are the American Workers Most Worried That A.I. will Soon Make Their Jobs Obsolete, CNBC (June 8, 2023, 11:17 AM), https://www.cnbc.com/2023/06/08/these-are-the-workers-most-worried-that-ai-will-soon-take-their-jobs.html.
[8] See generally Ex parte Lee, No. 10-22-00281-CR, 2023 Tex. App. LEXIS 5252 (Tex. App. July 19, 2023).
[9] Fed. R. Civ. P. 11(b).
[10] Mata v. Avianca, Inc., No. 22-cv-1461 (PKC), 2023 U.S. Dist. LEXIS 108263, at *29 (S.D.N.Y. June 22, 2023).
[11] Id. at *2.
[12] Id. at *4.
[13] Id. at *5.
[14] Id.
[15] Id. at *9.
[16] Id. at *39-40.
[17] Id. at *39.
[18] Id. at *1-2.
[19] Id.