David Kluft

#LegalEthics: If I’m the first person sanctioned by a court for #AI misuse, should I get some leniency?

In Sept. 2024, an attorney submitted a brief to the Third Circuit that contained fabricated citations the lawyer got from his client, who found them using #AI. Opposing counsel pointed out the fabrication in its response brief, but the lawyer doubled down and didn’t even …(cont)

https://www2.ca3.uscourts.gov/opinarch/242704p.pdf

#law

Apr 3 at 12:49pmWeb
Show threadDavid Kluft4d ago
… bother to check his own citations until May 2025 when the Court demanded copies of the fake cases. In determining sanctions, the Third Circuit found it “mitigating” that the Court had not yet addressed AI misuse or issued any warnings to the bar, and for that reason declined to impose a monetary fine and sanctioned the …(cont.)
Show threadDavid Kluft4d ago
… lawyer only with a public reprimand. Judge Roth in a concurrence/dissent criticized the Court’s hesitancy to impose monetary sanctions and commented that “we need not explicitly forewarn against improper AI use” when it violates long-standing rules and when many other courts have already warned the bar.