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AI in Law: Don’t Blame the Technology for Bad Lawyering

By Kevin O'Keefe on May 31, 2023
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You’ve probably heard about the case of ChatGPT providing a New York lawyer a number of cases the lawyer used in a brief, cases that no one could find, including the judge.

That was because ChatGPT had invented everything.

Lawyers doing dumb things is routine – as sad as it is to say.

As Carolyn Elefant shared on LinkedIn,

“Folks, this stuff happens all the time in law practice. A quick search of a phrase like “failed to Shepardize” (in layman terms, ensure that cases haven’t been overruled) turns up at least a dozen court cases including one for Rule 11 sanctions.

The bottom line is this. Lawyers cut corners. Some do it because they’re lazy and some because they want to pull a fast one and some because they can’t afford the research tools that would help them avoid the problem.

The ChatGPT story isn’t an indictment of AI tools. It’s an indictment of bad lawyering.

But sadly, after this incident, we’ll see courts and ethics regulators banning lawyers from using ChatGPT or discouraging use of other AI tools because of a single incompetent lawyer.”

Elefant’s spot on. I am already seeing legal professionals use this case of lawyer stupidity as reason why AI should not be used in the legal profession. My lawyer mentioned the case in a phone call this morning.

This when AI is being used by lawyers to perform high quality work in a fraction, ultimately meaning lower costs to clients.

If a lawyer wants to search for case law, code or regulations or possible arguments to use in a brief via ChatGPT, have at it as a way save time and garner ideas.

Just be smart enough to check that the info you are getting is correct.

Lawyers may be able use legal research products that have deployed AI. The data base would be limited to the law and be more reliable, though I am not sure how far those tools have come. Even then any sane lawyer would read the cases found.

Dumb lawyers is no reason AI should be prohibited in the practice of law.

Photo of Kevin O'Keefe Kevin O'Keefe

I am a trial lawyer, turned legal tech entrepreneur, now leading the largest community of legal publishers in the world at LexBlog, Inc.

I am a lawyer of 39 years. Wanting to be a lawyer since I was a kid, I have loved…

I am a trial lawyer, turned legal tech entrepreneur, now leading the largest community of legal publishers in the world at LexBlog, Inc.

I am a lawyer of 39 years. Wanting to be a lawyer since I was a kid, I have loved almost every minute of it.

I practiced as a trial lawyer in rural Wisconsin for 17 years, representing plaintiffs, whether they were injury victims and their family members or small businesses.

In the mid-nineties, I discovered the Internet in the form of AOL. I began helping people by answering questions on AOL message boards and leading AOL’s legal community.

I later started my own listservs and message boards to help people on personal injury, medical malpractice, workers compensation and plaintiff’s employment law matters. Though we were green to technology and the Internet, USA Today said if my firm “didn’t stop what we were doing, we would give lawyers a good name.”

In 1999, I closed my law firm and we moved, as a family of seven, to Seattle to start my first company. Prairielaw.com was a virtual law community of people helping people, a sort of AOL on the law, featuring message boards, articles, chats, listervs and ask-a-lawyer.

Prairielaw.com was sold to LexisNexis, where it was incorporated into Martindale-Hubbell’s lawyers.com.

After a stint as VP of Business Development at LexisNexis, I founded LexBlog out of my garage in 2004 (no affiliation with LexisNexis).

Knowing lawyers get their best work from relationships and a strong word of mouth reputation, and not promoting themselves, I saw blogging as a perfect way for lawyers to build relationships and a reputation.

When I could not find someone to help me with my own blog, I started a company to provide what I needed. Strategy, professional design, platform, coaching, SEO, marketing and free ongoing support.

As a result of the outstanding work of my team of twenty and my blogging, the LexBlog community has grown to a community of over 30,000 legal professionals, world-wide.

Publishing my blog, Real Lawyers, now in its 18th year, I share information, news, and commentary to help legal professionals looking to network online, whether it be via blogging or other social media.

Blogging also enables me to think through my ideas – out loud and in an engaging fashion.

In addition to my blog, I liberally share others’ insight on Twitter. Feel free to engage me there as well on LinkedIn and Facebook.

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