Showing posts with label duty of competence. Show all posts
Showing posts with label duty of competence. Show all posts

Wednesday, November 12, 2025

Vigilante Lawyers Expose the Rising Tide of A.I. Slop in Court Filings; The New York Times, November 7, 2025

  , The New York Times; Vigilante Lawyers Expose the Rising Tide of A.I. Slop in Court Filings

"Mr. Freund is part of a growing network of lawyers who track down A.I. abuses committed by their peers, collecting the most egregious examples and posting them online. The group hopes that by tracking down the A.I. slop, it can help draw attention to the problem and put an end to it.

While judges and bar associations generally agree that it’s fine for lawyers to use chatbots for research, they must still ensure their filings are accurate.

But as the technology has taken off, so has misuse. Chatbots frequently make things up, and judges are finding more and more fake case law citations, which are then rounded up by the legal vigilantes.

“These cases are damaging the reputation of the bar,” said Stephen Gillers, an ethics professor at New York University School of Law. “Lawyers everywhere should be ashamed of what members of their profession are doing.”...

The problem, though, keeps getting worse.

That’s why Damien Charlotin, a lawyer and researcher in France, started an online database in April to track it.

Initially he found three or four examples a month. Now he often receives that many in a day.

Many lawyers, including Mr. Freund and Mr. Schaefer, have helped him document 509 cases so far. They use legal tools like LexisNexis for notifications on keywords like “artificial intelligence,” “fabricated cases” and “nonexistent cases.”

Some of the filings include fake quotes from real cases, or cite real cases that are irrelevant to their arguments. The legal vigilantes uncover them by finding judges’ opinions scolding lawyers."

Monday, September 23, 2024

Generative AI and Legal Ethics; JD Supra, September 20, 2024

Craig BrodskyGoodell, DeVries, Leech & Dann, LLP, JD Supra; Generative AI and Legal Ethics

 "In his scathing opinion, Cullen joined judges from New York Massachusetts and North Carolina, among others, by concluding that improper use of AI generated authorities may give rise to sanctions and disciplinary charges...

As a result, on July 29, 2024, the American Bar Association Standing Committee on Ethics and Professional issued Formal Opinion 512 on Generative Artificial Intelligence Tools. The ABA Standing Committee issued the opinion primarily because GAI tools are a “rapidly moving target” that can create significant ethical issues. The committee believed it necessary to offer “general guidance for lawyers attempting to navigate this emerging landscape.”

The committee’s general guidance is helpful, but the general nature of Opinion 512 it underscores part of my main concern — GAI has a wide-ranging impact on how lawyers practice that will increase over time. Unsurprisingly, at present, GAI implicates at least eight ethical rules ranging from competence (Md. Rule 19-301.1) to communication (Md. Rule 19-301.4), to fees (Md. Rule 19-301.5), to confidentiality, (Md. Rule 19-301.6), to supervisory obligations (Md. Rule 19-305.1 and Md. Rule 305.3) to the duties of a lawyer before tribunal to be candid and pursue meritorious claims and defenses. (Md. Rules 19-303.1 and 19-303.3).

As a technological feature of practice, lawyers cannot simply ignore GAI. The duty of competence under Rule 19-301.1 includes technical competence, and GAI is just another step forward. It is here to stay. We must embrace it but use it smartly.

Let it be an adjunct to your practice rather than having Chat GPT write your brief. Ensure that your staff understands that GAI can be helpful, but that the work product must be checked for accuracy.

After considering the ethical implications and putting the right processes in place, implement GAI and use it to your clients’ advantage."