The Courtroom Encounter

During a recent appellate hearing in New York, Jerome Dewald, a 74-year-old self-represented plaintiff, attempted to present his case via a prerecorded video. The court allowed his use of multimedia support, which took a surprising turn when it was revealed that the video featured a digital avatar created by artificial intelligence software. This incident highlights growing concerns regarding AI’s influence within the legal framework.

Misleading Presentation?

As the video played, one of the judges, Justice Sallie Manzanet-Daniels, questioned the authenticity of the avatar, mistakenly believing it to be Mr. Dewald’s legal representative. To her surprise, Mr. Dewald clarified, “I generated that. That is not a real person.” Justice Manzanet-Daniels expressed her displeasure, stating, “It would have been nice to know that when you made your application,” before instructing to turn off the video.

Consequences and Reflections

Following the hearing, Mr. Dewald conveyed his embarrassment and issued a letter of apology to the court, acknowledging that his use of AI was inadvertently misleading. He explained that his intention was not to deceive but rather to enhance his argument presentation amidst difficulties he faced in previous proceedings.

He elaborated, saying, “My intent was never to deceive but rather to present my arguments in the most efficient manner possible. However, I recognize that proper disclosure and transparency must always take precedence.”

Wider Implications in the Legal System

This incident is not an isolated case; in fact, it is reflective of a growing trend. Legal professionals have faced backlash for utilizing AI tools improperly. Notably, a 2023 situation involving a New York attorney who relied on ChatGPT to produce a legal brief filled with fabricated legal references raised alarms about the risks of AI in legal practice.

Similarly, former attorney Michael Cohen admitted to providing misleading legal citations sourced from an AI program, pleading ignorance to the inaccuracies generated by such tools.

The Duality of AI Technology in Legal Matters

Experts argue that while artificial intelligence can provide assistance, especially for individuals without access to legal representation, its potential for errors remains a significant concern. According to Daniel Shin, assistant director of research at the Center for Legal and Court Technology, large language models can “hallucinate” information, producing what appears to be legitimate content that may actually be incorrect or nonsensical.