The New York lawyer who submitted fake case captions generated by ChatGPT should not face sanctions because he was not acting in bad faith, his attorneys argue.

“The Court describes this situation as ‘unprecedented,’” lawyers for Steven Schwartz wrote in a declaration to U.S. District Judge Kevin Castel of the Southern District of New York. “We agree. We can find no case where, as here, a lawyer using a new, highly-touted research tool obtained cases that the research tool itself completely made up.”