AI in Court
California Appeals Court Upholds Trial Court Order That Cited Hallucinated Cases
The nonexistent cases were first introduced by opposing counsel, but the appellant's lawyer didn't spot the error at the trial court, and submitted a proposed order to the trial court that cited those cases. That, the appeals court held, meant that appellant forfeited the right to challenge the decision.
Defendant's Own AI Legal Research Isn't Protected by Attorney-Client Privilege
"Because Claude is not an attorney, that alone disposes of Heppner's claim of privilege."
"One Would Expect … Attorneys Believe They Bring Some Level of Value to Their Clients Beyond That of a Machine"
A magistrate judge recommends a $10K sanction for a lawyer's repeated incorrect citations, and has some things to say about the pattern he has been seeing in his own court.
"Defense Counsel Estimated That 90% of the Citations He Used Were Accurate,"
"which, even if it were true, is simply unacceptable by any measure of candor to any court."
"The Undersigned Cannot Recall a Comparable Instance of Such Brazen and Repeated Dishonesty" in 55 Years as a Judge
The "filings have led to the Court completely losing trust in" the lawyers involved.
Iffy Claim That Arbitrator "Outsourc[ed] His Adjudicative Role to Artificial Intelligence" Dismissed for Procedural Reasons
The claim is "iffy" partly because part of the plaintiff's argument is that ... ChatGPT said the award was likely AI-generated.
One of the 100 Biggest American Law Firms Pays >$50K Because of AI Hallucinations in Filings
The firm, has "more than 1,600 attorneys in over 80 offices nationwide."
Apparent AI Hallucinations in Filing from Two >500-Lawyer Firms
Don't assume your firm is safe.
Two Federal Judges Apologize For Issuing Opinions With AI Hallucinations
An intern and a law clerk used generative AI, and the judges didn't catch the hallucinations.
Repeated "Nonexistent Cases" in Filing From >20-Lawyer Insurance Defense Firm
Lawyers at firms of all size, don't let this happen to you.
$7500 Sanctions for Nonexistent Citations in Brief; Magistrate Judge Stresses Cite-Checking Isn't a New Obligation
"Whether a case cite is obtained from a law review article, a hornbook, or through independent legal research, the duty to ensure that any case cited to a court is "good law" is nearly as old as the practice of law."
Sanctions for Another Lawyer Filing AI-Hallucinated Material …
for "citing to fabricated, AI-generated cases without verifying the accuracy, or even the existence, of the cases" and "misrepresenting to the Court the origin of the AI-generated cases."
Counsel, You've Suddenly Gone All Literary on Me
Plus, "He claims that, going forward, he will undertake certain 'remedial efforts,' including, inter alia, 'establish[ing] ... database reconciliation procedures involving resolution of discrepancies through direct consultation of archival legal resources and substitution of alternative, verifiable authorities where necessary.' Most lawyers simply call this 'conducting legal research.'"
