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PHOENIX (AZFamily) — A Valley attorney is facing discipline from a federal judge after AI cited fake cases and fabricated quotations in legal filings.
The issue emerged in a discrimination lawsuit against the Phoenix Suns. A former employee claimed she was sexually harassed and retaliated against. The Suns’ attorneys spotted the problem.
The federal judge called this a case of AI hallucinations — court filings with made-up legal references. In the legal filing, the judge cited at least 18 fake references.
Attorney takes responsibility
Sheree Wright is the attorney representing the former Suns employee.
“We have a duty to take full responsibility and I do so here,” Wright said. “It’s obviously disappointing that this happened.”
Wright blamed her staffer for filing the wrong brief while she was on bereavement leave for a close family member. She would later say it was her dog that had died.
“She said she thought her version was better than mine. Because I guess she was on bereavement leave and she believed I wasn’t in the frame of mind to draft a brief,” Wright said.
Three different motions had questionable citations.
“Same staff member assigned to the cases,” Wright said.
Growing problem in legal profession
Sean Harrington is an attorney and the director of ASU’s AI and Legal Tech Studio.
“I’m not surprised. This is something that’s been at the forefront of attorneys’ minds because it’s so common,” Harrington said.
He said there have been more than 12,000 cases of so-called AI hallucinations in court filings, and those are only the ones known.
“We’ve seen serious sanctions, we haven’t seen anyone get disbarred because of it, but we have seen people get suspended. Depending on what judge you’re going in front of it can have very serious penalties,” Harrington said.
As punishment, the judge is ordering Wright to cover some attorneys’ fees. She must also take additional training on ethical use of AI. A copy of the ruling was forwarded to the Arizona State Bar and all district and magistrate judges in Arizona.
“Yes, to just, I don’t use AI in drafting any pleadings,” Wright said when asked if there’s a lesson for other attorneys.
U.S. District Judge Murray Snow called Wright’s explanation a “convoluted tale.”
In a statement, the Phoenix Suns said the order “speaks for itself. As we have said all along, the underlying claims are baseless, and we look forward to defeating the remaining claims in court.”
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