Seemingly out of nowhere, generative artificial intelligence (AI) tools like ChatGPT have captured the world’s attention and dominated the headlines through their ability to produce human-like responses to actual-human prompts. While there are many benefits to generative AI, there are increasing risks associated with its use. In the legal industry, some attorneys have begun to appreciate the risks of using generative AI tools to assist with legal work.

Judicial opinions sanctioning attorneys for their improvident use of such tools have garnered much attention. A recent decision issued by the New York state Surrogate’s Court, Kings County demonstrates that the risks of using generative AI may be more pervasive than perhaps was previously appreciated.