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Overviews of Ethical Issues with Generative AI
- Efficiency, Ethics, and Algorithms: The Implications of AI on the Legal Profession and the ABA Model RulesSara Khan and Elizabeth Powers, SSRN, May 28, 2023
- Lawyers and AI: How Lawyers’ Use of Artificial Intelligence Could Implicate the Rules of Professional Conductby Jonathan Grabb, Florida Bar Ethics Counsel (March 13, 2023)
- The Rise of ChatGPT: Ethical Considerations for Legal Professionalsby Mark C. Palmer, Future Law, May 12, 2023
- ChatGPT Doesn’t Have Ethical Obligations, But Attorneys Doby Natalie Pierce and Stephanie Goutos, US Law Week, July 11, 2023
- Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics DemandsNicole Yamane, 33 Geo. J. Legal Ethics 877 (2020)
- Professional Responsibility Considerations in AI for eDiscovery: Competence, Confidentiality, Privacy, And Ownershipby AI Ethics and Bias subteam of the Analytics and Machine Learning Project, EDRM.net, May 2023
Hallucinations
- Opinion and Order on Sanctions, Mata v. Avianca, Inc. (S.D.N.Y. 2023)Judge P. Kevin Castel, 22-cv-01461
Order granting sanctions against attorney who cited and submitted purported copies of opinions hallucinated by ChatGPT in support of a motion. - Colorado Lawyer Cited Fake Cases in Motion Written with ChatGPTby Clara Geoghegan, Law Week Colorado, June 21, 2023
- My “Hallucinating” Experience with ChatGPTJudge Herbert B. Dixon, Jr. (Ret.), 62 Judges J. 37 (2023)
- No, Ruth Bader Ginsburg did not dissent in Obergefell — and other things ChatGPT gets wrong about the Supreme Courtby James Romoser, SCOTUSblog, Jan. 26, 2023
- ChatGPT and Fake CitationsAaron Wellborn, Duke University Libraries, March 9, 2023
- When A.I. Chatbots Hallucinateby Karen Weise and Cade Metz, New York Times, May 1, 2023
- Google cautions against 'hallucinating' chatbots, report saysby Rachel More, Reuters, Feb. 10, 2023
- This Prolific LA Eviction Law Firm Was Caught Faking Cases In Court. Did They Misuse AI?by David Wagner, LAist (Oct. 12, 2023).
- Ex Parte Allen Michael LeeOpinion noting that petitioner's brief in criminal appeal appears to have used hallucinated cases and ruling that appeal was inadequately briefed
- Six Federal Cases of Self-Represented Litigants Citing Fake Cases in Briefs, Likely Because They Used AI Programsby Eugen Volokh, The Volokh Conspiracy (November 13, 2023).
Bias and Discrimination
While generative AI is a powerful technology, it also may reproduce or amplify existing biases and prejudices in human society. Students and lawyers should be aware of these shortcomings and always critically evaluate the output of generative AI with the potential for bias in mind.
- The Whiteness of AIStephen Cave & Kanta Dihal, 33 Philosophy & Technology 685 (2020)
- ChatGPT: Did Big Tech Set Up the World for an AI Bias Disaster?by Scott Van Voorhis, Harvard Business School: Working Knowledge, March 7, 2023
- Eliminating bias in AI may be impossible – a computer scientist explains how to tame it insteadby Emilio Ferrara, LLRX | Law and Technology Resources for Legal Professionals, July 20, 2023
- Humans Are Biased. Generative AI Is Even Worseby Leonardo Nicoletti and Dina Bass, Bloomberg Technology + Equality (2023)
Client Confidentiality
- Congressional Research Service | Generative Artificial Intelligence and Data Privacy: A PrimerBy Kristen E. Busch, May 23, 2023
- Ethical Obligations to Protect Client Data when Building Artificial Intelligence Tools: Wigmore Meets AIDaniel W. Linna Jr. & Wendy J. Muchman, 27 The Professional lawyer 27 (2020).
- Is Artificial Intelligence Jeopardizing the Attorney-Client Privilege in Your Case?by Marisa R. Brunetti, Litigation Defenders: Risk Management Resources and Insights, July 3, 2023
Unauthorized Practice of Law
- Can Bots Commit UPL?by Jayne R. Reardon, PLI Chronicle: Insights and Perspectives for the Legal Community (May 2023)
- A robot was scheduled to argue in court, then came the jail threatsby Bobby Allen, NPR, Jan. 25, 2023
- Class-action suit seeks redress from 'robot lawyer' practicing law without licenseCBS/Bay City News Service, Mar. 8, 2023
Defamation
- OpenAI Sued for Libel After ChatGPT Allegedly Accuses Man of Embezzlementby Mack DeGeurin, Gizmodo, June 7, 2023
- Large Libel Models? Liability for AI Outputby Eugene Volokh, rough draft working paper, April 26, 2023
- ChatGPT falsely accused me of sexually harassing my students. Can we really trust AI?by Jonathan Turley, USA Today, Apr. 3, 2023
- ChatGPT Libeled Me. Can I Sue?by Ted Rall, Wall Street Journal, March 16, 2023
Use of Copyrighted Material
- Equitable Legal Remedies and the Existential Threat to Generative AIby Elizabeth E. Joh, SSRN (Aug. 27, 2023).