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Use of ChatGPT to help charge bid is ‘totally and unusually unpersuasive,’ federal decide says
February 27, 2024, 8:20 am CST
A federal decide in New York Metropolis has diminished a legislation agency’s charge request by about half after criticizing its use of the substitute intelligence software ChatGPT-4 as a “cross-check” to find out prevailing market charges for attorneys. (Picture from Shutterstock)
A federal decide in New York Metropolis has diminished a legislation agency’s charge request by about half after criticizing its use of the substitute intelligence software ChatGPT-4 as a “cross-check” to find out prevailing market charges for attorneys.
U.S. District Decide Paul A. Engelmayer of the Southern District of New York mentioned in a Feb. 22 opinion the Cuddy Regulation Agency’s use of ChatGPT-4 to bolster its charge bid is “totally and unusually unpersuasive,” report Reuters and Law360.
The Cuddy Regulation Agency had sought $113,484 in charges plus curiosity. Engelmayer granted charges of $53,050 plus curiosity.
The right reference, Engelmayer mentioned, could be the speed paid to comparable legal professionals in particular training legislation within the Southern District of New York. The Cuddy Regulation Agency had represented a toddler searching for a free applicable training based mostly on his disabilities, which included issues referring to language, hyperactivity, consideration deficit and stress.
The agency had sought hourly charges of $550 to $600 for senior legal professionals, $425 for midlevel associates and $375 for junior associates.
“These hourly charges exceed these awarded on this district, for attorneys of comparable expertise, and certainly for a few of these very attorneys,” Engelmayer mentioned.
Engelmayer mentioned the agency had cited ChatGPT-4 sources as a “cross-check” to help “problematic sources” concerning hourly billing charges that aren’t particular to legal professionals in particular training litigation.
“Because the agency ought to have appreciated, treating ChatGPT’s conclusions as a helpful gauge of the cheap billing price for the work of a lawyer with a specific background finishing up a bespoke project for a shopper in a distinct segment follow space was misbegotten on the bounce,” Engelmayer wrote.
Engelmayer cited latest instances by which ChatGPT generated pretend case citations.
“In claiming right here that ChatGPT helps the charge award it urges, the Cuddy Regulation Agency doesn’t determine the inputs on which ChatGPT relied. It doesn’t reveal whether or not any of those had been equally imaginary. It doesn’t reveal whether or not ChatGPT anyplace thought-about a really actual and related information level: the uniform bloc of precedent … by which courts on this district and circuit have rejected as extreme the billing charges the Cuddy Regulation Agency urges for its timekeepers.
“The court docket subsequently rejects out of hand ChatGPT’s conclusions as to the suitable billing charges right here. Barring a paradigm shift within the reliability of this software, the Cuddy Regulation Agency is effectively suggested to excise references to ChatGPT from future charge purposes.”
Benjamin Kopp of the Cuddy Regulation Agency informed Reuters that he queried ChatGPT-4 concerning the charges that purchasers may count on to be charged by attorneys and questions that purchasers may ask to find out how charges and costs could be affected by varied components in a case.
He addressed that problem in an August 2023 declaration.
“The underlying assertion was not about ChatGPT’s correctness on charges, however somewhat, what mother and father would count on as shoppers,” Kopp informed Reuters in an e mail.
U.S. District Decide Paul A. Engelmayer of the Southern District of New York mentioned in a Feb. 22 opinion the Cuddy Regulation Agency’s use of ChatGPT-4 to bolster its charge bid is “totally and unusually unpersuasive,” report Reuters and Law360.
The Cuddy Regulation Agency had sought $113,484 in charges plus curiosity. Engelmayer granted feels of $53,050 plus curiosity.
The right reference, Engelmayer mentioned, could be the speed paid to comparable legal professionals in particular training legislation within the Southern District of New York. The Cuddy Regulation Agency had represented a toddler searching for a free applicable training based mostly on his disabilities, which included issues referring to language, hyperactivity, consideration deficit and stress.
The agency had sought hourly charges of $550 to $600 for senior legal professionals, $425 for midlevel associates and $375 for junior associates.
“These hourly charges exceed these awarded on this district, for attorneys of comparable expertise, and certainly for a few of these very attorneys,” Engelmayer mentioned.
Engelmayer mentioned the agency had cited ChatGPT-4 sources as a “cross-check” to help “problematic sources” concerning hourly billing charges that aren’t particular to legal professionals in particular training litigation.
“Because the agency ought to have appreciated, treating ChatGPT’s conclusions as a helpful gauge of the cheap billing price for the work of a lawyer with a specific background finishing up a bespoke project for a shopper in a distinct segment follow space was misbegotten on the bounce,” Engelmayer wrote.
Engelmayer cited latest instances by which ChatGPT generated pretend case citations.
“In claiming right here that ChatGPT helps the charge award it urges, the Cuddy Regulation Agency doesn’t determine the inputs on which ChatGPT relied. It doesn’t reveal whether or not any of those had been equally imaginary. It doesn’t reveal whether or not ChatGPT anyplace thought-about a really actual and related information level: the uniform bloc of precedent … by which courts on this district and circuit have rejected as extreme the billing charges the Cuddy Regulation Agency urges for its timekeepers.
“The court docket subsequently rejects out of hand ChatGPT’s conclusions as to the suitable billing charges right here. Barring a paradigm shift within the reliability of this software, the Cuddy Regulation Agency is effectively suggested to excise references to ChatGPT from future charge purposes.”
Benjamin Kopp of the Cuddy Regulation Agency informed Reuters that he queried ChatGPT-4 concerning the charges that purchasers may count on to be charged by attorneys and questions that purchasers may ask to find out how charges and costs could be affected by varied components in a case.
He addressed that problem in an August 2023 declaration.
“The underlying assertion was not about ChatGPT’s correctness on charges, however somewhat, what mother and father would count on as shoppers,” Kopp informed Reuters in an e mail.
Typographical error corrected on March 2 at 3:25 p.m.
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