this post was submitted on 17 May 2025
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No, because there's still no case.
Law textbooks that taught an imaginary case would just get a lot of lawyers in trouble, because someone eventually will wanna read the whole case and will try to pull the actual case, not just a reference. Those cases aren't susceptible to this because they're essentially a historical record. It's like the difference between a scan of the declaration of independence and a high school history book describing it. Only one of those things could be bullshitted by an LLM.
Also applies to law schools. People do reference back to cases all the time, there's an opposing lawyer, after all, who'd love a slam dunk win of "your honor, my opponent is actually full of shit and making everything up". Any lawyer trained on imaginary material as if it were reality will just fail repeatedly.
LLMs can deceive lawyers who don't verify their work. Lawyers are in fact required to verify their work, and the ones that have been caught using LLMs are quite literally not doing their job. If that wasn't the case, lawyers would make up cases themselves, they don't need an LLM for that, but it doesn't happen because it doesn't work.
It happens all the time though. Made up and false facts being accepted as truth with no veracity.
So hard disagree.
The difference is, if this were to happen and it was found later that a court case crucial to the defense were used, that's a mistrial. Maybe even dismissed with prejudice.
Courts are bullshit sometimes, it's true, but it would take deliberate judge/lawyer collusion for this to occur, or the incompetence of the judge and the opposing lawyer.
Is that possible? Sure. But the question was "will fictional LLM case law enter the general knowledge?" and my answer is "in a functioning court, no."
If the judge and a lawyer are colluding or if a judge and the opposing lawyer are both so grossly incompetent, then we are far beyond an improper LLM citation.
TL;DR As a general rule, you have to prove facts in court. When that stops being true, liars win, no AI needed.
To put a fiber point, in not arguing that s. I should be used in court. That's just a bad idea. I'm saying that B. S has been used as fact , look at the way history is taught in most countries. Very biased towards their own ruling class, usually involves living lies of some sort