4 Do's And Don'ts For Trial Lawyers Using Generative AI

Another day, another embarrassing artificial intelligence misstep story — this time, by an expert on AI in a case involving deepfakes. Last month, in Kohls v. Ellison, a federal judge in the U.S. District Court for the District of Minnesota excluded an expert declaration based on its inclusion of AI-hallucinated citations.

This follows other similar stories from the last several years, including a Texas solo practitioner who was sanctioned a few months ago for submitting a brief with AI-generated hallucinations, and a widely discussed U.S. District Court for the Southern District of New York case in 2023 in which lawyers relied on hallucinated opinions and had asked ChatGPT itself if the cases were real.