Mississippi: AI Blamed for Legal Errors

Lawyers Sanctioned for Reckless Use of AI

Legal teams increasingly relying on artificial intelligence tools to generate part of their legal work do so at their own risk. In a recent case in Mississippi, lawyers on both sides of a dispute regarding fees for a solar project were sanctioned for using AI software that hallucinated cases or included cases in filings that were not part of state law.

The case, Withers v. City of Aberdeen, involved a dispute between attorney Tom Withers III and the city of Aberdeen, Mississippi. Withers claimed that the city owed him fees related to a solar development project. Although he was not one of the sanctioned attorneys, his legal team was, as were the lawyers representing the city, when a judge determined that four of them—two from each side—had used AI in filings that had not been properly verified by human attorneys.

The outcome of this case has drawn attention from the New York Times, among other media outlets, and could become a cautionary tale for legal professionals. It was first reported by marketing and business attorney Rob Freund, who discussed it on X, calling it an "AI comedy of errors."

During the hearing, "each of the attorneys expressed their embarrassment and apologized to the Court." "None of them verified the legal authority produced by the AI before filing their..."

The site 404 Media reported Freund's post, bringing national attention to the case. U.S. District Judge Sharion Aycock fined the four attorneys and closed the case due to the AI-related errors, among other legal sanctions. "The Court finds that, by their own admissions, all four attorneys failed to verify the legal authorities cited in their respective filings, in violation of Rule 11," she stated.

Rule 11 of the Federal Rules of Civil Procedure stipulates that an attorney must sign a filed legal document, essentially promising the judge that what is filed is truthful. "All attorneys are licensed and are presumed to be well-trained in the law," Aycock wrote. "Their practice of blindly relying on technology has resulted in the hallucinated citations contained in their respective filings."

AI hallucinations are errors or misinformation that large language models regularly produce by assembling words into a narrative that appears plausible.

The Legal Pitfalls of AI

The Mississippi case is not the only instance where lawyers have found themselves in trouble due to AI-related errors. Legal mistakes have recently led the state of New York to adopt new rules regarding generative AI—starting June 1, for example, results generated by tools like ChatGPT are not protected by attorney-client privilege.

The largest bar association in the United States, the American Bar Association, stated in a release to CNET that lawyers face new complex challenges regarding the use of AI in their work. "Lawyers understand that the results of generative AI require review and oversight," said ABA President Michelle A. Behnke. "The ABA is here to support its members as they navigate new laws, new technologies, and new practice tools."

The group has a task force on AI and published a report in December covering the adoption of AI among lawyers, best practices, and policies related to AI. It has also issued ethical guidance for lawyers using AI.

Among its advice: "lawyers must understand 'the benefits and risks associated' with the technologies used to provide legal services to clients."