The Church of Scientology is seeking review by the California Supreme Court in a case where a law firm used artificial intelligence to generate parts of a brief, resulting in incorrect and fabricated citations.
The case, Bixler v. Church of Scientology International, involves five women who claim the church directed a campaign of harassment and defamation against them after they accused a prominent church member of rape.
They claim this harassment occurred after the accusations.
The Court of Appeal affirmed a ruling allowing the plaintiffs’ claims to proceed, despite the revelation that their lawyers used AI to generate parts of the brief without properly reviewing the output.
The church and related defendants had filed a motion to strike, which was granted in part, and they appealed the ruling.
The Court of Appeal considered sanctions against the law firm, Boies Schiller Flexner, but ultimately did not impose them.
The church is now seeking review by the California Supreme Court, arguing that the court should have imposed sanctions for the misuse of AI.
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The church’s petition raises two issues, including whether a court can ignore an attorney’s admitted abuse of AI without explaining its reasons.
The church argues that it is unaware of any case where a court has declined to impose sanctions for clear evidence of AI abuse.
However, the church’s argument is based on its own claim that it is unaware of such cases, rather than providing evidence that no such cases exist.
The church’s second issue is a First Amendment matter, regarding whether a court can rely on a purported religious doctrine as evidence against a church even if the church’s leaders have disavowed it.
The church denies that it has a doctrine called “Fair Game,” which allegedly declares former members as enemies and “fair game” for harassment.
It is a doctrine they claim does not exist.
The case highlights the problems that can arise when lawyers rely on AI to generate parts of a brief without properly reviewing the output.
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AI can be useful in certain contexts, but its output cannot be trusted in legal research or brief writing, and lawyers must carefully review and verify the output of AI tools.
The law firm in this case, Boies Schiller Flexner, is not alone in its misuse of AI.
Scientology was founded by science-fiction writer L. Ron Hubbard.
Its doctrine includes the story of Xenu, an alien ruler who brought billions of his subjects to Earth in spaceships that looked like DC-8s.
While the church’s representatives have denied this story at times, a CSI representative “confirmed in a declaration that ‘Fair Game’ was formerly an authorized Scientology doctrine, although it is no longer an express policy.”
This case will likely have implications for the use of AI in the legal profession.
