For the Defense - Vol. 8, Issue 3 - 11

Samuel G. Encarnacion
propensity to fabricate case law entirely. Users aptly labeled
this disconcerting behavior as the " hallucination problem. "
However, even with these considerable challenges, it was
apparent that with the right information and legal database,
this technology held the potential to produce high-quality
results and become quite disruptive to the legal profession.
Like many other technological milestones, the development
of this technology has progressed rapidly. A great example
of this advancement is the astonishing progress of the GPT
language models in passing the bar exam. In December
2022, GPT-3.5, the most advanced large language model at
the time, attempted to take the bar exam but failed.1
Less
than a year later, GPT-4, an improved version, not only passed
the Uniform Bar Exam (UBE) but achieved a score ranking
in the top 10 percent among all test takers, surpassing the
performance of 90 percent of human lawyers.2
As if this
triumph wasn't enough, GPT-4 also successfully conquered
the Law School Admissions Test (LSAT).
Unfortunately, there is already a cautionary tale that
exposes the far-reaching consequences of the " hallucination
problem, " even for seasoned lawyers. In a recent lawsuit
involving Avianca Air, a federal judge in New York levied
sanctions against attorneys who submitted a legal brief
authored by ChatGPT.3
featured
references
to
Alarming as it may be, this brief
and
imaginary
court
opinions
fabricated quotes. As a result, after a hearing, Judge P.
Kevin Castel expressed disappointment and imposed fines of
$5,000 on each attorney and their law firm. Judge Castel's
decision considered the remorse expressed by the parties
and their demonstrated efforts to rectify the situation.
While acknowledging the misconduct, the judge weighed
the intent behind the actions and found that the parties
had taken responsibility for their mistakes. Consequently,
Judge Castel determined that more severe penalties were
not necessary to safeguard against future misuse of artificial
intelligence tools in a manner that distorts legal history.4
Vol. 8, Issue 3 l For The Defense 11

For the Defense - Vol. 8, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 8, Issue 3

Contents
For the Defense - Vol. 8, Issue 3 - 1
For the Defense - Vol. 8, Issue 3 - 2
For the Defense - Vol. 8, Issue 3 - Contents
For the Defense - Vol. 8, Issue 3 - 4
For the Defense - Vol. 8, Issue 3 - 5
For the Defense - Vol. 8, Issue 3 - 6
For the Defense - Vol. 8, Issue 3 - 7
For the Defense - Vol. 8, Issue 3 - 8
For the Defense - Vol. 8, Issue 3 - 9
For the Defense - Vol. 8, Issue 3 - 10
For the Defense - Vol. 8, Issue 3 - 11
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For the Defense - Vol. 8, Issue 3 - 70
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