AIPolicyTracker

AI incident ·

ChatGPT Reportedly Produced False Court Case Law Presented by Legal Counsel in Court

58 news reports Snapshot 7 Sep 2026

In brief

An AI system built by Openai and deployed by Steven A. Schwartz and Peter Loduca allegedly harmed Roberto Mata, Peter Loduca and 1 other.

Risk domain
Misinformation False or misleading information
Occurred
Coverage
58 reportsMay 2023 - Jun 2023

What happened

A lawyer in Mata v. Avianca, Inc. used ChatGPT for research. ChatGPT hallucinated court cases, which the lawyer then presented in court. The court determined the cases did not exist.

Laws that address this harm

Policy angle: Classified under Misinformation (False or misleading information) in the MIT AI Risk Repository taxonomy; 5 recorded instruments address this use case.

Matched from the record's risk domain and country to the instruments recorded here. A reviewer can correct the match in the repository (data/external/incident_overrides.yaml).

News reports (58)

Titles link to the original publisher; report text is not reproduced here.

  1. ChatGPT is not quite ready to be your lawyer
    morningbrew.com · Abigail Rubenstein
  2. Lawyers in New York Used ChatGPT and Now Face Possible Sanctions
    biggerlawfirm.com · Bigger Law Firm Magazine
  3. Lawyer admits using ChatGPT in case where client sued airline
    dailymail.co.uk · Germania Rodriguez Poleo
  4. Lawyer blames ChatGPT for 'bogus citations'
    canadianlawyermag.com · Mary Or
  5. The ChatGPT Lawyer Explains Himself
    nytimes.com · Benjamin Weiser, Nate Schweber

Who was involved

Alleged developer
Openai
Alleged harmed party
Roberto Mata, Peter Loduca, Steven A. Schwartz

Classification (MIT AI Risk Repository taxonomy)

Risk domain
Misinformation
Causal entity
AI
Intent
Unintentional
Timing
Post-deployment
Harm level
—
Sectors
—
Countries
—

Risk entries describing this failure mode

Entries from the MIT AI Risk Repository coded to subdomain 3.1.

  • Pursuing Consistent Context

    "LLMs have been demonstrated to pursue consistent context [129]–[132], which may lead to erroneous generation when the prefixes contain false information. Typical examples include sycophancy [129], [130], false demonstra...

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Defective Decoding Process

    In general, LLMs employ the Transformer architecture [32] and generate content in an autoregressive manner, where the prediction of the next token is conditioned on the previously generated token sequence. Such a scheme...

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Noisy Training Data

    "Another important source of hallucinations is the noise in training data, which introduces errors in the knowledge stored in model parameters [111]–[113]. Generally, the training data inherently harbors misinformation....

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Hallucinations

    "LLMs generate nonsensical, untruthful, and factual incorrect content"

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Faithfulness Errors

    "The LLM-generated content could contain inaccurate information" which is is not true to the source material or input used

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Factuality Errors

    "The LLM-generated content could contain inaccurate information" which is factually incorrect

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Untruthful Content

    "The LLM-generated content could contain inaccurate information"

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Knowledge Gaps

    "Since the training corpora of LLMs can not contain all possible world knowledge [114]–[119], and it is challenging for LLMs to grasp the long-tail knowledge within their training data [120], [121], LLMs inherently posse...

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

Incidents in the same risk subdomain

All incidents in this subdomain

Source record: incident #541 on the AI Incident Database · all 58 reports