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ChatGPT-Authored Legal Filing “Replete with Citations to Non-Existent Cases"
- jruohonen 3y agoCan someone explain the potential repercussion from this kind of foolishness? Isn't non-accredited legal counseling illegal? Do these things apply also to Europe?
- hkt 3y agoNon-accredited legal counsel varies from place to place. In the UK there are "Mackenzie friends" who can't speak but can advise in court. As for filings, paralegals don't tend to need qualifications either, though most solicitors they work under will require it. In short, for the UK at least, no, nobody needs qualifications to do that kind of thing. Though it is clearly a good idea.
- jruohonen 3y agoThanks for the clarification. But regarding this case more specifically: it seems that the judge in question is interpreting this as a deliberate attempt to deceive a court; hence, the question about repercussions.
- hkt 3y agoGood question. In the UK (and probably most common law systems) I guess it'd be treated as any vexatious application would be. As far as the judge is concerned there's no legal ground for distinguishing between a regular bit of code and an LLM. It'll be the human who is prosecuted, if that's what you're wondering.
- UncleEntity 3y ago> Can someone explain the potential repercussion from this kind of foolishness? Lawyer sues openAI for megabucks because they didn’t have a warning about using ChatGPT as a paralegal and they got sanctioned by the court. Thirty years of practicing law and they (plural, two lawyers involved) “accidentally” submitted the output from a multi-billion dollar company’s toy without doing any checks?
- viraptor 3y agoIt's right there by the input box: > ChatGPT may produce inaccurate information about people, places, or facts. That really should be sufficient as "not fit for legal work without full review".
- sschueller 3y agoBut wasn't it openAI bragging that ChatGPT4 can pass the bar exam?
- viraptor 3y agoPassing a test and doing the job are different things. Do you think a 5yo who passed MS certification could do the job? https://www.electronicproducts.com/five-year-old-becomes-the-youngest-person-to-pass-a-microsoft-certified-professional-exam/ https://www.electronicproducts.com/five-year-old-becomes-the...
- sschueller 3y agoObviously not, but there are a lot of people who don't get that. Look how many people thought Tesla had full self driving when it says in the user agreement that they don't.
- sebzim4500 3y agoThis isn't hidden in a user agreement, it's on the front page.
- sschueller 3y agoYes on the front page /s " Full Self-Driving Capability Build upon Enhanced Autopilot and order Full Self-Driving Capability on your Tesla. This doubles the number of active cameras from four to eight, enabling full self-driving in almost all circumstances, at what we believe will be a probability of safety at least twice as good as the average human driver. The system is designed to be able to conduct short and long distance trips with no action required by the person in the driver’s seat. For Superchargers that have automatic charge connection enabled, you will not even need to plug in your vehicle. All you will need to do is get in and tell your car where to go. If you don’t say anything, the car will look at your calendar and take you there as the assumed destination or just home if nothing is on the calendar. Your Tesla will figure out the optimal route, navigate urban streets (even without lane markings), manage complex intersections with traffic lights, stop signs and roundabouts, and handle densely packed freeways with cars moving at high speed. When you arrive at your destination, simply step out at the entrance and your car will enter park seek mode, automatically search for a spot and park itself. A tap on your phone summons it back to you. Please note that Self-Driving functionality is dependent upon extensive software validation and regulatory approval, which may vary widely by jurisdiction. It is not possible to know exactly when each element of the functionality described above will be available, as this is highly dependent on local regulatory approval. Please note also that using a self-driving Tesla for car sharing and ride hailing for friends and family is fine, but doing so for revenue purposes will only be permissible on the Tesla Network, details of which will be released next year. " https://web.archive.org/web/20171116234123/https://www.tesla.com/autopilot https://web.archive.org/web/20171116234123/https://www.tesla...
- yarg 3y agoDepends on the judge and his mood - given that it was filed in opposition to a motion to dismiss, he could just dismiss the case.
- redeux 3y agoI’m America the attorney can be disbarred or having their license suspended for filing false information.
- hkt 3y agoMy partner and I have also explored chatGPT for recommending cases and books. It produces more garbage than not. The dream of it being a handy librarian died pretty quickly. Uncanny and compelling as it is conversationally, it really isn't that good.
- tmikaeld 3y agoHow you use it matters a LOT and also which version you used. There's a reason that GPT-4 is up to 45 times more expensive than GPT-3.5 Turbo (the default). If you're serious about such a tool (It's not a bad idea), then you'd use the embeddings[0] to train the AI on your specific use cases or prompt-engineer GPT-4 properly. [0] https://platform.openai.com/docs/guides/embeddings/what-are-embeddings https://platform.openai.com/docs/guides/embeddings/what-are-...
- justinclift 3y ago> then you'd use ... Sounds like a bunch of effort. :/
- vidarh 3y agoWhy is why we're seeing VC funded startups starting to produce specialised tooling for various use cases so people don't have to do it themselves. ChatGPT is fun, and for some of what I do it's usable as-is, but for most people it'll be a tech demo for something that will be built in and hidden behind layers of stuff to make it suitable for their specific use-case. At least until the base models get a lot more capable.
- permo-w 3y agothis is something I don’t understand. if you want GPT3/4 for your specific use case, then use the API? half the complaints people have about chatGPT are because they’ve never bothered to try the—much more powerful—API
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- mk_stjames 3y agoIf a an engineering firm drew up plans for a building that didn't meet even the most basic structural standards, and then PEs signed/stamped those drawings... That would be grounds for people to lose licenses, companies to be majorly fined, and in the extreme case where injury was involved, criminal charges. A lawyer just straight making up citations of case law, even if hallucinated by an AI assist tool, should have similar repercussions re: license to practice law. There needs to be no leniency for people misusing 'well, the AI told me...' as a crutch for actual knowledge and expertise in a professional field.
- tmikaeld 3y agoWord! GPT is a tool, you don't blame a hammer for ruining someones window after you put the hammer through the glass.
- userbinator 3y agoThere needs to be no leniency for people misusing 'well, the AI told me...' as a crutch for actual knowledge and expertise in a professional field. I think that should apply to any tool, but sadly it seems even most developers aren't immune to blindly trusting their tools, judging by what I've seen over the years. As a memorable warning sign says: "The machine has no brain. Use your own."
- prox 3y agoEven if it has a brain I can still recommend using your own :P
- qsort 3y ago> As a memorable warning sign says: "The machine has no brain. Use your own." First lesson of the first day of the first year in my CS degree -- the professor starts saying something to the effect of: "I want you to think of computers as meaningless machines doing meaningless operations on meaningless symbols". To this day, that sentence is a massive influence in how I think about computers and technology in general.
- justinclift 3y agoDoesn't seem like they've asked the lawyers "what other legal filings did you use ChatGPT for?", which seems kind of important. ;)
- GTP 3y agoAs part of their defense, they said that the lawyer used ChatGPT for the first time. Which isn't necessarily true, but it means that he would have repeated the same answer if asked directly whether he used it in other cases or not.
- ano-ther 3y agoLooks like this lawyer didn’t read ChatGPT’s disclaimer. More seriously though, it works for general “filling” like “thank the team for reaching milestone”, but you really need to insert your real examples (which the lawyer didn’t). Wouldn’t trust it to make a full argument, like in this case.
- neilv 3y ago> it works for general “filling” like “thank the team for reaching milestone”, IMHO, it doesn't work for that, because the manager will come across as insincere for not even saying a few honest words of thanks.
- trvz 3y agoThat's hardly necessary in corporate America. They only need to look like a good team leader to the higher ups.
- neilv 3y agoI'd like to think that morale problems, communication ineffectiveness, etc. will tend to surface within a few quarters in way visible to upper management. That doesn't prevent installing a poor leader, but eventually that particular one can be corrected, through coaching or freak elevator accident. And maybe someday the business schools will teach people that being genuinely trustworthy, in all org chart directions, is a best practice in modern, effective organizations. More of the right people for that will be drawn to leadership. And more of the people who are predisposed to make organizations dysfunctional and miserable will either begin the process of improving, or be herded to roles in which they can do less damage.
- nologic01 3y agoIn any important domain where accountability and factuality matters LLM's will not get the human out of the loop. They (hopefully) will simply make their job easier but there are hidden risks: identifying well written "hallucinations" is not trivial. Tip for the AI brigade: Assign a confidence level to segments of generated text.
- danmaz74 3y agoAs things are now, anything that needs to be factual or reasoning seems like a bad match for LLMs. Where I find them very useful is at rewording things, or at continuing something repetitive enough along a given pattern (eg in programming).
- permo-w 3y ago>Tip for the AI brigade: Assign a confidence level to segments of generated text. you say this as if it’s a trivial feature that AI developers have just not bothered to leave in
- nologic01 3y agoI know its not trivial. You don't change the world by doing trivial things. Its a placeholder for features that will enable more controlled used of these tools. The important aspect is to be able to guide the "reviewer" where to focus on. It could still be a flawed suggestion but its better than nothing.
- permo-w 3y agoyou also don’t change the world with off-handed comments at the end of HN posts tip for the crypto brigade: make your coins solid investments
- denton-scratch 3y ago> Assign a confidence level to segments of generated text. Text generators are not reasoning machines. To assign a confidence level, you need a tree of facts and deductions. This is what you can get from an expert system. With an expert system, you can in principle ask the system to explain its reasoning, and assign confidence to each step. ML systems are black boxes. Expert systems are hard to train; you need a human expert, and probably a specialist in the expert system sitting beside him. And it takes a lot of work - so it's expensive. I can imagine a hybrid expert system/machine-learning system, where the ML system is used to distil the expertise that is then used by the expert system to construct decision trees that are not opaque. I wish a fraction of the money that gets thrown at LLM "toys" were instead invested in expert systems. I think expert systems research became unfashionable around the end of the 1980s, which is a crying shame.
- madballster 3y agoIn parts of popular media, there seems to be an assumption of a very high certainty for an impending "economic productivity revolution thanks to LLM AI". Case studies like this one show the future isn't so clear.
- redeux 3y agoI think this future seems very clear, and just because ChatGPT won’t put thousands of attorneys or paralegals out of work tomorrow doesn’t mean it’s not on the horizon. OpenAI’s model was created for general purpose use so it’s not surprising that it fails in very specific and nuanced areas. If we use the same principals but fine tune the (or create a new) model with the appropriate legal information, I think we’ll see far better results. If not now, then in the very near future. Companies like LexisNexis[1] have a strong incentive to make this happen. 1. https://www.lexisnexis.com/en-us/home.page https://www.lexisnexis.com/en-us/home.page
- DonHopkins 3y agoChatGPT WILL put thousands of attorneys or paralegals out of work, who don't bother verifying its output, because they deserve to be fired and disbarred for that. Good riddance. Thanks, ChatGPT.
- arp242 3y agoThe lawyer claims that they have "never utilized Chat GPT as a source for conducting legal research prior to this occurrence and therefore was unaware of the possibility that its content could be false." Every time I open the thing I get a popup with "While we have safeguards in place, the system may occasionally generate incorrect or misleading information and produce offensive or biased content. It is not intended to give advice."
- ChatGTP 3y agoThere is another phenomenon at play here imo. If it gives you what you want, or something that looks like what you want or need, it gets harder and harder to say no and not use it. A few times I was tempted to just go it blindly and I’m glad I didn’t. TL;DR: verifying LLM output gets tiring.
- erik_seaberg 3y agoCommon law is guided by precedent. Apparently, a US attorney is expected to “Shepardize” the cases he cites, which means checking how often they have been used successfully and whether they have been affirmed or overturned (the name comes from the author of an early database). This should put citing a case that never existed beyond the pale, no matter whether you realize ChatGPT is not a search engine.
- MrBuddyCasino 3y ago„Using ChatGPT is like talking to a journalist who has interviewed an expert. Knoll's law of media accuracy: "everything you read in the newspapers is absolutely true, except for the rare story of which you happen to have firsthand knowledge".“ https://twitter.com/edsaperia/status/1599707598780964864 https://twitter.com/edsaperia/status/1599707598780964864
- anonymousDan 3y agoThis tallies with my experience marking student coursework. ChatGPT tends to fabricate references, it's a good signal for cheating.
- jruohonen 3y agoThat's a good point. Should apply also to publishing: a fabricated reference should be enough for a retraction.
- adt 3y agoFrom the GPT-4 paper (pp20): 2.13 Overreliance ...despite GPT-4’s capabilities, it maintains a tendency to make up facts, to double-down on incorrect information, and to perform tasks incorrectly. Further, it often exhibits these tendencies in ways that are more convincing and believable than earlier GPT models (e.g., due to authoritative tone or to being presented in the context of highly detailed information that is accurate), increasing the risk of overreliance. Overreliance occurs when users excessively trust and depend on the model, potentially leading to unnoticed mistakes and inadequate oversight. This can happen in various ways: users may not be vigilant for errors due to trust in the model; they may fail to provide appropriate oversight based on the use case and context; or they may utilize the model in domains where they lack expertise, making it difficult to identify mistakes. As users become more comfortable with the system, dependency on the model may hinder the development of new skills or even lead to the loss of important skills. Overreliance is a failure mode that likely increases with model capability and reach. As mistakes become harder for the average human user to detect and general trust in the model grows, users are less likely to challenge or verify the model’s responses. Source: https://arxiv.org/abs/2303.08774 https://arxiv.org/abs/2303.08774 My annotated version: https://lifearchitect.ai/report-card/ https://lifearchitect.ai/report-card/
- satisfice 3y agoOpenAI is collecting billions in investments and valuation based on hype that they are doing little to combat. The lawyer should lose his license for six months. But OpenAI should also face penalties for creating an Attractive Nuisance.