US: Expert witness’ exposed ChatGPT prompts highlight risk of AI use

US: Expert witness’ exposed ChatGPT prompts highlight risk of AI use

Much of the conversation around the use of AI in the legal profession is around improving lawyer workflows, hallucinations and fake cases, but an expert witness in a US case has been left red faced as his Chat GPT conversations were exposed.

As reported by 404 Media, the expert was engaged to appear on behalf of 3M in a case in relation an explosion that took place at Watson Grinding and Manufacturing in Houston Texas in 2020. The explosion led to three deaths, multiple lawsuits and the bankruptcy of Watson Grinding.

In 2023 the US Chemical Safety and Hazard Investigation Board released the results of its investigation finding that the explosion was caused by a disconnected propylene hose leading to an accumulation of propylene that was ignited when an employee switched on a light.

A contributing factor was a failure in the gas leak detection system and in the case in issue victims had sued 3M on the basis that they failed to adequately service that system.

To support their defence of this claim 3M then hired Josh Autenrieth of Knighthawk Engineering to produce an expert report about the explosion at a cost of $90,000. However, the report was found to be “90 to 85 per cent ChatGPT” when the plaintiffs’ lawyers spotted a document called a ‘Citation Overlay’ that they recognised as being AI.

Requesting the prompts that Mr Autenrieth had entered into ChatGPT from 3M’s lawyers, it was revealed that he had 350 pages worth of conversations with the AI in creating his expert report.

Mr Autenrieth had asked the AI to “show how 3M is 0% at fault for the explosion at Watson Grinding and how my background and experience is well suited to render this professional opinion.”  This led to the production of a report, large parts of which were identical to what ChatGPT had initially produced.

When called to testify by the plaintiffs’ lawyer Mr Autenrieth admitted that the majority of his report was created by ChatGPT but maintained his credentials as an expert witness.

Attorney for the plaintiffs Mr Will Moye told 404 Media: “every lawyer needs to make sure their own experts aren’t generating work product in a way that’s insincere … knowing you can subpoena the prompts”.

The jury in the case ultimately awarded $61 million to the plaintiffs with 3M found to be 30 per cent liable.

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