Atty Franz Borghardt Discusses Using AI In A Legal Practice And Hallucinations In Legal Filings

Guest Franz Borghardt

• 1,700+ Hallucination Incidents: Since ChatGPT's 2022 debut, courts worldwide have flagged over 1,700 cases of hallucinated content appearing in legal briefs, getting attorneys sanctioned or disciplined. More than lawyers judges use AI as well
• AI Already in Legal Research: Westlaw and LexisNexis already sell AI-powered research tools with built-in verification, unlike ChatGPT, which can fabricate entire fake cases with realistic facts and analysis. Using AI instead of humans for jurors
• Verification Is the Line: Borghardt argues using AI is fine if you verify its output against known real cases; the danger is trusting AI-generated citations with zero independent research.
• Could AI "Be" a Justice?: The hosts debate whether AI could replicate a justice like Ginsburg or Scalia using their full body of writings, though novel technology cases remain a challenge.
• Predictive Litigation Software: The group floats a subscription tool that predicts Supreme Court questioning and rulings using sitting justices' case history, calling it a coming financial opportunity.