David Kluft

#LegalEthics Tidbit: If both sides are misusing #AI, can the judge disqualify ALL the lawyers from the case?

A party sued a municipality over a contract dispute in MS federal court. In connection with two motions, each side submitted fabricated case citations. Nobody noticed their own or their opponent’s hallucinations until the court issued a show cause order. The Court sanctioned and disqualified every attorney in the case as follows: ... (cont.)

https://storage.courtlistener.com/recap/gov.uscourts.msnd.50181/gov.uscourts.msnd.50181.123.0.pdf
#law #lawfedi

Jun 16 at 12:56pmWeb
Show threadDavid Kluft5d ago
...
• Plaintiff’s Pro Hac Vice counsel from LA admitted she had been using an AI platform for about six months and wasn’t verifying the citations, resulting in two fabricated cases and other inaccuracies. She claimed she was “unaware that AI could produce hallucinated cases,” an explanation the court found “insufficient and incredulous.” She was sanctioned for AI use in another case months after the show cause order in this case, indicating that she was ... (cont.)
Show threadDavid Kluft5d ago

... still misusing AI after being put on notice. Pro hac vice admission revoked; two-year suspension from the court; $2,500 fine; mandatory CLE; referral to the LA bar.

• Plaintiff’s local counsel did not know the LA lawyer was using AI to draft the briefs but signed them without reviewing or verifying the legal authorities. She immediately accepted responsibility and the court found her the least blameworthy participant. Disqualified from case, $1,000 fine; referral to the MS bar. ...(cont.)

Show threadDavid Kluft5d ago
...
• Defendant’s Pro Hac Vice counsel from TX used an AI platform that its firm had acquired three months prior. The program was sold to her as able to conduct legal research in TX, LA and FL, but it was not apparently designed for MS case law. She used it anyway for this case and it ended up generating four hallucinated citations. Contrary to her firm policy, she failed to verify the AI output. The Court was very ticked off when she pulled out the old “my citations were ... (cont.)
Show threadDavid Kluft5d ago

... completely fake but the propositions of law I said they stood for were real” excuse. She also mad some misleading statements in order to avoid appearing for a show cause hearing. Pro hac vice admission revoked; two-year suspension from the court; $3,500 fine; referral to the TX bar.

• Defendant’s local counsel had previously given the TX lawyer permission to use his signature, so he hadn’t reviewed the bad filings, didn’t know AI was being used for the briefs, and didn’t ... (cont.)

Show threadDavid Kluft5d ago

... even know the briefs (with his signature) were being filed. Disqualified from case, $1,000 fine; referral to the MS bar.

The court gave the parties 60 days to find new counsel.

Show threadRanunculus Teapot5d ago
@dkluft thank you for ruining my morning 💝
Show threadJohn G Fitzgerald5d ago
@dkluft 👏👏👏👏👏
AI is a colossal POS.