By Kimbrilee M. Weber
In April, we covered the rise of OpenAI’s generative chatbot language technology, ChatGPT, and its potential to be used as a tool within the legal community. At the time of that article’s publication, almost no courts had acknowledged ChatGPT or analyzed any of the related ethical or privacy issues although the potential risks were immediately clear.
Now, a number of months later, courts throughout the country have begun to grapple with ChatGPT and its implications in the legal field. This article considers some of those recent developments from several courts and looks forward to what may be next.
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The court made clear that the use of ChatGPT in and of itself did not warrant the imposition of sanctions, but the way that the attorneys failed to review the sources produced by the chatbot and then advocated for their use once alerted to the potential issue did. Mata v. Avianca, Inc., No. 22-CV-1461 (PKC), 2023 WL 4114965, at *1, *15 (S.D.N.Y. June 22, 2023).
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