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The most charitable read one can give Sokolowski et al v. Digital Currency Group, Inc. et al<\/a><\/em>, is that the federal fraud complaint trumpeted as \u201cthe first OpenAI o1 pro guided litigation<\/a>\u201d reads maybe 98.8 percent like a perfectly professionally prepared court filing. But like the 98.8 percent genetic similarity between chimps and humans, that 1.2 percent is pretty important and it\u2019s what transforms the complaint from a harbinger of a robot lawyer future into a dumpster fire begging to be dismissed.<\/p>\nPlaintiffs Stephen Sokolowski and Christopher Sokolowski brought this claim in the U.S. District Court for the Middle District of Pennsylvania seeking fraud damages arising from their decision to place \u201cover ninety percent (90%) of their total net worth\u201d with Genesis Global Trading, a crypto outfit that filed for Chapter 11. Mike Dunford prepared an amusing thread<\/a> of his live reaction to the case announcement and complaint that gets into the weeds that you should check out.<\/p>\n According to their Reddit post announcing the filing, the Sokolowski boys decided to file this pro se<\/em> after evaluating the potential of using artificial intelligence to manage the case:<\/p>\n Eventually though, Claude 3.5 Sonnet was released, and it was finally capable of evaluating the law (but it still made errors in interpreting the precedential value of cases in its training data.)\u00a0 Then, OpenAI changed all that with o1 pro.\u00a0 OpenAI\u2019s o1 pro is an artificial general intelligence (AGI) system that is smarter than any lawyer I\u2019ve talked to.<\/p>\n<\/blockquote>\n You should really talk to more lawyers then.<\/p>\n It\u2019s also worth noting that o1 pro is not, in fact, \u201can artificial general intelligence\u201d which is a term for the Holy Grail of AI design where the algorithm will overtake human reasoning. Given that SkyNet has not driven the human race to extinction, its safe to say AGI hasn\u2019t arrived.<\/p>\n When o1 was made available, we quickly signed up and compared it to Gemini Experimental 1206.\u00a0 We determined that both were acceptable for moving forward, but o1 was clearly superior in understanding case law and anticipating defenses.<\/p>\n<\/blockquote>\n Superior to\u2026 what? To ChatGPT? Sure. To an attorney? No. But this is the sort of brain-fried nonsense that prompts Elon Musk to say he can feed \u201call court cases\u201d into an algorithm and replace the whole legal system<\/a>. The \u201ctechbrogentsia\u201d imagine law as a middle school essay and that a sufficiently developed model can take \u201cthe law,\u201d apply a fact pattern, and get a result.<\/p>\n To some extent, this is the fault of the mainstream media treating hallucinations as the obstacle holding back AI lawyering<\/a> instead of just a moderately helpful tool in the hands of dumb lawyers. Hallucinations are inevitable in generative AI, since the whole purpose of the technology is to guess words that will make the user happy. But hallucinations are also unlikely to matter soon. Serious players in the legal AI game (read: not Elon) are spending massive resources to shield the end user from hallucinations. Hallucinations won\u2019t be the problem, the problem will be how to parse through and select from accurate but not necessarily useful information\u2026 which is one of those 1.2 percent problems that a human with a JD has to handle.<\/p>\n And this complaint cries out for that JD-trained editor. It carries on and on offering preemptive motion to dismiss responses that aren\u2019t pertinent at all in an initial pleading. But this is a product of the plaintiffs\u2019 methodology, which asked the algorithm to review the initial AI complaint and prepare an AI motion to dismiss and then pretend to be a judge and evaluate that motion to dismiss vs. the complaint and integrate it all in.<\/p>\n I ran this simulation many times, and the last \u201cjudge\u201d denied the motion 0\/10 times.<\/p>\n<\/blockquote>\n From context I think he meant to say \u201cgranted the motion,\u201d but I will say that I also<\/em> think the judge will deny the inevitable motion to dismiss \u201c0\/10 times.\u201d<\/p>\n But along the way, the complaint highlights some\u2026 important facts. Dunford asks, \u201c10: Oh my god, these utter muppets are trying to reverse-pierce out of their own corporate veil\u201d and answers\u2026<\/p>\n BWAHAHAHAHAHAHAAHAHAHAHAHAHAAHAHAHAAHHAAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAHAHHAHAAHHAAHHAHAHAHAHAHAHAHAHHAHAHAHAH*GASP*HAHAHAHAHAHAHAHAHAHAHAHAHOH MY GOD THEY ARE. THEY PLEAD THAT THEIR LLM sorry I mean their LLC IS A FRAUD AND A SHAM.<\/p>\n \u2014 Mike Dunford (@questauthority.bsky.social)<\/a> 2025-01-04T23:25:42.022Z<\/a><\/p>\n<\/blockquote>\n<\/div>\n See, now a lawyer might\u2019ve had thoughts about this case based on that allegation. Or the related reason why they might want to reverse pierce their own veil\u2026<\/p>\n They sold the LLC’s claim. That’s why the LLC isn’t a plaintiff; it literally has no remaining claim because it fucking sold the fucking claim for good value. Good enough value to pay off a $300k mortgage.<\/p>\n \u2014 Mike Dunford (@questauthority.bsky.social)<\/a> 2025-01-04T23:53:37.587Z<\/a><\/p>\n<\/blockquote>\n<\/div>\n Generative AI could well be a revolutionary technology for the legal industry but it\u2019s not going to do that by replacing core lawyer duties. Not just because that raises serious ethical concerns, but because AI simply never going to be smart enough to do that<\/em>. What we see from AI right now is pretty much as good as it\u2019s going to get<\/a>. That doesn\u2019t mean it won\u2019t get better at executing tasks with refinement, but as the march of technology goes, we\u2019re not talking about getting from Kitty Hawk to the moon, we\u2019re talking about toilet paper being slightly softer than it was in the 50s. A report prepared by Goldman Sachs<\/a> revealed that even AI enthusiasts are admitting that linear improvements will require exponential<\/em> increases in training investment. That\u2019s not sustainable and not a viable path to AI running complex litigation.<\/p>\n Without some exogenous advancement like quantum computing or viable fusion power to cure the energy drain, generative AI may get better at what it does but it\u2019s not going to do much more than it does now\u2026 which is still a massive, potentially indispensable time-saving tool for trained lawyers but it\u2019s not a replacement.<\/p>\n Nor is it an access to justice tool that will give pro se<\/em> litigants a free robot lawyer. Maybe for routine traffic infractions<\/a>. But the access to justice potential \u2014 for litigation \u2014 in generative AI isn\u2019t in helping people deal with their legal problems, it\u2019s in helping people realize that they have legal problems. A lot of injustice happens because people don\u2019t know if they have a case and aren\u2019t willing to spend money to find out. AI can tell someone wondering about their plight, \u201cYeah, actually, that might not be legal and you should feel confident calling someone about that.\u201d<\/p>\n Unfortunately, until we square our expectations around what AI is actually capable of accomplishing, we\u2019re going to see more of this mess in the courts.<\/p>\n (Complaint on the next page\u2026)<\/em><\/p>\n Announcement of the first o1 pro guided Federal litigation<\/a> [Reddit]<\/p>\n Earlier<\/strong>: Generative AI\u2026 What If This Is As Good As It Gets?<\/a> 1<\/strong> 2<\/a>Next \u00bb<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Artificial intelligence is not replacing lawyers any time soon. The post First Fully A.I. Drafted Complaint Filed In Federal Court And\u2026 It\u2019s Hot Garbage! appeared first on Above the Law. The most charitable read one can give Sokolowski et al v. Digital Currency Group, Inc. et al, is that the federal fraud complaint trumpeted as […]<\/p>\n","protected":false},"author":0,"featured_media":99291,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16,17],"tags":[],"class_list":["post-99290","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law","category-legal_matters"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/01\/GettyImages-487081616-8JtRHp.jpeg?fit=508%2C339&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/99290","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=99290"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/99290\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/99291"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=99290"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=99290"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=99290"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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Elon Musk Feeds AI \u2018All Court Cases,\u2019 Promises It Will Replace Judges Because He\u2019s An Idiot<\/a>
For The Love Of All That Is Holy, Stop Blaming ChatGPT For This Bad Brief<\/a><\/p>\n
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Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n