AI Enters the Courtroom

The use of AI in judicial decision-making is in the news after a Brazilian judge recently admitted to using ChatGPT to write a court decision. It’s not uncommon for legal professionals to use software to assist in research and writing. However, in this case, the decision cited jurisprudence that didn’t even exist.

The case mirrors a similar situation in New York, where attorneys faced sanctions for using fabricated cases from ChatGPT in a legal brief. AI has a tendency to hallucinate, or simply make things up, and the attorneys, like the Brazilian judge, failed to check its work.

The National Council of Justice (CNJ) in Brazil, recognizing the potential ramifications of the incident, has initiated an investigation, highlighting the emerging complexities of AI integration in legal proceedings. The use of AI, particularly in a field as intricate as law, raises critical questions about the balance between technological innovation and the accuracy and integrity of legal processes.

AI also raises unique and complex ethical questions for lawyers. To what extent should legal professionals rely on artificial intelligence? Is there an obligation to notify clients when using AI? Is client consent required when sharing information with services like ChatGPT?

Undoubtedly, these and other considerations will continue to fuel debates and regulatory discussions, not only in Brazil but also in the United States and around the world. The application of AI introduces profound complexities and ethical dilemmas, and no where is that more true than in the legal profession, and particularly, in the courtroom.