Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

Sunday, May 17, 2026

AI won’t replace lawyers. It will create more of them.; The Washington Post, May 17, 2026

 Damien Charlotin , The Washington Post; AI won’t replace lawyers. It will create more of them.

"The replacement story often rests on a particular picture of what a lawyer does: reading documents, applying rules and producing text. Since AI can read, apply rules and produce text, the argument goes, lawyers are cooked. That picture is not entirely wrong, but it is the perception engineers have always had of the legal domain: Feed in the facts, apply the rule, return the output. Yet the reason lawyers exist (and command high prices for their services) is that law is shot through with ambiguity. If the rules ran themselves, no one would need us. Every step in the chain — reading, applying, producing — involves choices, some of which are genuinely difficult.

A better way to think about jobs is as bundles of tasks. Some bundles are loose: A job composed of a handful of discrete, repetitive, well-specified tasks can be peeled apart and the tasks automated one by one. Other bundles are tight, because the tasks reinforce one another and cannot be cleanly separated. The key example here is offered by radiologists, long predicted to be facing extinction due to AI. Despite the dire forecasts, their numbers keep growing, and they keep commanding ever-higher salaries.

Legal work is also hard to neatly separate. For instance, doing legal research and evaluating an argument are, for an experienced lawyer, often the same mental activity: A lawyer checks the argument by writing it. Pull those tasks apart, hand the writing to a machine, and verification suddenly becomes a separate, deliberate, expensive act — at least if you want to avoid landing in my database of courts sanctioning parties for filing “hallucinated” material. In fact, an irony is that automating the easy parts of a job often makes the hard parts harder, not easier."

Law Schools Implement AI to Focus on Ethics and Technology; Los Angeles Times, May 17, 2026

David Nusbaum, Los Angeles Times; Law Schools Implement AI to Focus on Ethics and Technology

"Over the last two years, Loyola Law School in Downtown Los Angeles has incorporated AI into six courses. It’s a sign of a growing trend where law firms are looking for attorneys who can utilize the technology to improve efficiency. While law schools have constantly looked to update coursework to keep curriculum updated as laws are updated, the application of generative AI to the practice of law is the biggest change that has happened in generations, according to Rebecca Delfino, associate professor of law at Loyola Law School...

Delfino is one of several professors who have integrated AI into their coursework. She is involved with two courses specifically focused on the ethical implications of generative AI and the legal practice.

In a first-year civil procedure course, students are divided in half, with one group an analog approach that relies on textbooks and class notes while the other half uses generative AI technology. The results are compared to see where the technology is effective and ineffective. The goal is to use AI as something that is additive rather than giving over too much authority and power, according to Delfino. For many exercises, there are six or seven AI models that are tested and compared.

Students understand that they need the AI skill set to make themselves a more attractive candidate, no matter what area of law they practice. It can be used to draft documents, conduct legal research and assist with discovery. Chatbots are tested for hallucinations, and the drawbacks are identified."

Friday, May 15, 2026

What really won the trillion-dollar Supreme Court case; TED Talks, April 2026

 Neal Kumar Katyal , TED Talks ; What really won the trillion-dollar Supreme Court case

"In November 2025, Neal Kumar Katyal was asked to do what no US Supreme Court litigator had ever done: convince the justices to strike down a sitting president's signature initiative. After enlisting the help of four unlikely coaches — and one secret weapon he hasn't told anyone about until now — he walked into the courtroom ready for anything. What he discovered about winning and connecting might just change how you think about performing under pressure."

Neal Katyal draws criticism over TED Talk revealing AI use in SCOTUS tariffs case; ABA Journal, May 11, 2026

 AMANDA ROBERT , ABA Journal; Neal Katyal draws criticism over TED Talk revealing AI use in SCOTUS tariffs case

"Attorney Neal Katyal revealed last week that he used artificial intelligence to prepare for his argument against President Donald Trump’s tariffs, drawing swift criticism online. 

Katyal, a partner in the Washington, D.C. office of Milbank, argued the case before the U.S. Supreme Court in November. According to Bloomberg Law, he said during a TED Talk released Thursday that he “won” using a “bespoke AI system” trained on 25 years of justices’ questions during oral argument and their eventual opinions.

The system was built by Harvey AI, which “predicted many of the questions the justices asked—sometimes almost word for word,” Katyal said in an X post promoting the TED Talk. Katyal, a former acting solicitor general who has argued dozens of cases before the Supreme Court, also credited mindset, improv and meditation coaches for helping him prepare for the argument."

Friday, May 8, 2026

Prosecutor suspended by state supreme court for artificial intelligence use in court docs; ABA Journal, May 7, 2026

ABA Journal; Prosecutor suspended by state supreme court for artificial intelligence use in court docs

"A Georgia prosecutor who repeatedly filed documents with artificial intelligence-generated citations that referenced cases that were wrong or fictitious during a murder trial has been suspended for six months from practicing before the Georgia Supreme Court.

Law & Crime has the story."

Wednesday, April 29, 2026

Copyright Infringement Suits Loom With Unchecked AI Vibe Coding; Bloomberg Law, April 29, 2026

 Christopher Suarez, Bill Toth, Anthony Pericolo, Bloomberg Law; Copyright Infringement Suits Loom With Unchecked AI Vibe Coding

"Deferring the job of software coding to artificial intelligence doesn’t immunize that code from copyright risk—it could even increase it, if the person directing the coding has limited oversight over the result.

This is particularly true with “vibe coding,” where developers use high‑level natural language prompts to generate code using AI models, often with limited manual review or modification of the resulting code.

Just as lawyers should check for “hallucinated” citations when writing with large language models, engineers and software development managers need to have human and technical monitoring protocols to account for infringement and licensing risks."

Friday, April 24, 2026

Thursday, April 23, 2026

Penalties stack up as AI spreads through the legal system; NPR, April 3, 2026

 , NPR; Penalties stack up as AI spreads through the legal system

""Recently we had 10 cases from 10 different courts on a single day," says Damien Charlotin, a researcher at the business school HEC Paris who keeps a worldwide tally of instances of courts sanctioning people for using erroneous information generated by AI...

The numbers started taking off last year, and Charlotin says the rate is still increasing. He counts a total of more than 1,200 to date, of which about 800 are from U.S. courts.

Penalties are also on the rise, he says. A federal court may have set a record last month with an order for a lawyer in Oregon to pay $109,700 in sanctions and costs for filing AI-generated errors.

The professional embarrassments even take place at the level of state supreme courts...

"I am surprised that people are still doing this when it's been in the news," says Carla Wale, associate dean of information & technology and director of the law library at the University of Washington School of Law. She's designing special training in AI ethics for students who are interested. But she also says the ethical rules aren't completely settled...

When lawyers get in trouble for using AI, it's because they've violated the long-standing rule that holds them responsible for the accuracy of their filings, regardless of how they were generated."

Wednesday, April 22, 2026

A.I. ‘Hallucinations’ Created Errors in Court Filing, Top Law Firm Says; The New York Times, April 21, 2026

 , The New York Times; A.I. ‘Hallucinations’ Created Errors in Court Filing, Top Law Firm Says

Sullivan & Cromwell apologized for submitting a court document that had fake citations created by artificial intelligence.

"An elite Wall Street law firm has apologized to a federal judge for submitting a court filing replete with errors created by artificial intelligence, including “hallucinations” that fabricated case citations.

The A.I.-generated errors came in a recent motion in U.S. Bankruptcy Court in Manhattan and were discovered by lawyers from an opposing firm, Andrew Dietderich, a partner at Sullivan & Cromwell, wrote in a letter to Judge Martin Glenn on April 18."

Friday, April 10, 2026

Lawyer sued for charging client for 34.5 hours of work in 1 day; ABA Journal, April 9, 2026

AMANDA ROBERT , ABA Journal; Lawyer sued for charging client for 34.5 hours of work in 1 day

"An Australian lawyer has been sued for billing a client for 34.5 hours in a single day.

Keith Redenbach, the principal of Redenbach Legal in Sydney, billed the city council of Broken Hill in New South Wales, Australia, $10 million in Australian currency ($6.9 million in U.S. currency) after representing the group in a dispute with an architectural company, Law.com reports.

Among his charges, Redenbach claimed to work 34.5 hours on Sept. 19, 2019; 31.12 hours on Dec. 6, 2018; and 25.5 hours on April 18, 2019."

Friday, April 3, 2026

The One Thing Trump Wanted That Pam Bondi Failed to Deliver; The New York Times, April 2, 2026

 , The New York Times; The One Thing Trump Wanted That Pam Bondi Failed to Deliver

"But the core of Mr. Trump’s dissatisfaction with the attorney general was apparently her failure to serve his need for revenge against his enemies. She did not prosecute enough of Mr. Trump’s adversaries, and the cases she did bring were failures...

The worst consequence of the Justice Department’s pursuit of cases involving otherwise law-abiding but undocumented individuals is that it has led to untold suffering among those targeted, their families and the economies they support. Ms. Bondi’s lawyers have spent considerable time and money on the harassment, and worse, of people who have done no harm to anyone...

Perhaps worst of all, Justice Department lawyers under Ms. Bondi have often behaved in shockingly unethical ways. For decades, federal judges have looked at assistant U.S. attorneys and other Justice Department lawyers as something more than mere combatants. For good reason, judges assumed that federal lawyers told them the truth about the facts and the law of their cases. In legal terms, the actions of the Justice Department received a “presumption of regularity,” which the private bar did not enjoy. But based on the frequently appalling conduct — for instance, lying, gaslighting, hiding facts and evidence — of Justice Department lawyers in the Bondi era, many judges are no longer giving government lawyers the benefit of the doubt. Nor should they.

Replacing Ms. Bondi with her deputy, Todd Blanche, or the administrator of the U.S. Environmental Protection Agency, Lee Zeldin, to name two likely successors, will not solve this problem unless the new attorney general makes the commitment, unlikely under the circumstances, that the Justice Department will return to its tradition of honesty and integrity."

Sanctions ramping up in cases involving AI hallucinations; ABA Journal, April 2, 2026

AMANDA ROBERT, ABA Journal ; Sanctions ramping up in cases involving AI hallucinations

"The use of monetary sanctions against attorneys is seemingly on the rise as courts continue to address artificial intelligence-generated hallucinations in case documents."

Thursday, March 5, 2026

Trump Justice Dept. Seeks to Stall State Bar Discipline of Its Lawyers; The New York Times, March 4, 2026

Devlin Barrett and , The New York Times ; Trump Justice Dept. Seeks to Stall State Bar Discipline of Its Lawyers

The administration has no control over the disciplinary authorities of state bar associations, but a new proposal would let the attorney general ask them to suspend proceedings involving department lawyers.

"The Justice Department is seeking to intervene in state bar associations’ disciplinary proceedings against its lawyers, reflecting a growing fear among administration officials that attorneys who do their bidding could be punished by legal ethics organizations and lose their ability to practice law.

The department, in a notice posted online in the Federal Register, said it wanted priority in investigating any allegations of wrongdoing by its own lawyers in an effort to rein in the power of state bar authorities to investigate or discipline its lawyers.

But the department has no control over state bar disciplinary authorities, and the proposal envisions merely requesting that a state bar association “suspend any parallel investigations until the completion of the department’s review.”...

Melanie Lawrence, who served as the interim chief trial counsel for the California State Bar from 2018 to 2021, said that state bars played a critical role in the legal profession by enforcing ethics rules, even for senior Justice Department officials.

“None of these Department of Justice attorneys, from Pam Bondi to the lowliest line attorney, would have a job were it not for the license they have in a particular state,” Ms. Lawrence said. “The state bar holds the key to these people’s ability to wield their sword.”"

Thursday, February 19, 2026

Supreme Court adopts automated recusal software to avoid ethics conflicts; CNN, February 17, 2026


Tierney Sneed, CNN; Supreme Court adopts automated recusal software to avoid ethics conflicts

"The Supreme Court said Tuesday that it will start using software to assist in justices’ decisions to recuse themselves from cases that present a potential conflict of interest.

A brief press release issued by the court described an electronic matching process already used by some lower courts to compare a case’s parties to lists judges assemble of individuals and organizations they have ties to. A 2023 code of conduct statement from the justices said they were considering adopting such a tool themselves.

“This software will be used to run automated recusal checks by comparing information about parties and attorneys in a case with lists created by each Justice’s chambers,” the press release said. “The system was designed and created by the Court’s Office of Information Technology in cooperation with the Court’s Legal Office and Clerk’s Office.”"

Saturday, February 14, 2026

Bar Punts on Ethics Complaint Over Application to Search Reporter’s Home; The New York Times, February 12, 2026

, The New York Times; Bar Punts on Ethics Complaint Over Application to Search Reporter’s Home

A press freedom group accused a prosecutor of violating an ethics rule by not telling a judge about a law limiting searches for journalistic work product.

"The Virginia State Bar has told a press freedom organization that it is up to a judge to decide whether a federal prosecutor mishandled an application for a warrant last month to search the home of a Washington Post reporter as part of a leak investigation.

The group, Freedom of the Press Foundation, had filed a disciplinary complaint with the bar against the prosecutor, Gordon D. Kromberg. It cited his failure to alert the magistrate judge, who approved the search warrant, about the Privacy Protection Act of 1980, which limits searches for journalistic work product.

But in an unsigned letter viewed by The New York Times, the state bar said the judge, William B. Porter of the Eastern District of Virginia, had to evaluate the omission."

Friday, February 13, 2026

Lawyer sets new standard for abuse of AI; judge tosses case; Ars Technica, February 6, 2026

ASHLEY BELANGER , Ars Technica; Lawyer sets new standard for abuse of AI; judge tosses case

"Frustrated by fake citations and flowery prose packed with “out-of-left-field” references to ancient libraries and Ray Bradbury’s Fahrenheit 451, a New York federal judge took the rare step of terminating a case this week due to a lawyer’s repeated misuse of AI when drafting filings.

In an order on Thursday, District Judge Katherine Polk Failla ruled that the extraordinary sanctions were warranted after an attorney, Steven Feldman, kept responding to requests to correct his filings with documents containing fake citations."

Tuesday, December 9, 2025

What Happens When a Lawyer Makes a Mistake?; ABA Journal, October 28, 2025

Jeanne M Huey , ABA Journal; What Happens When a Lawyer Makes a Mistake?

"The Model Rules of Professional Conduct are clear about what must happen when a lawyer makes a “material mistake, and the steps are grounded in the duty of competence, diligence, and communication owed to a current client.

The Ethical Framework

ABA Model Rule 1.1 requires legal knowledge and thoroughness. Rule 1.3 requires promptness, and Rule 1.4 mandates keeping clients informed about their matter and promptly responding to requests for information.

When a mistake has been made during a legal representation, these rules all come into play. If the error is “material,” it must be disclosed promptly. Hoping the client never finds out or quietly fixing it before disclosing is never a good idea as it can risk turning a simple lapse into a Rule 8.4(c) problem involving deceit or misrepresentation."

Thursday, November 27, 2025

Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say; The New York Times, November 25, 2025

, The New York Times ; Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say

"On Friday, the lawyers were joined by a group of 22 legal and technology scholars who warned that the unchecked use of A.I. could lead to wrongful convictions. The group, which filed its own brief with the state Supreme Court, included Barry Scheck, a co-founder of the Innocence Project, which has helped to exonerate more than 250 people; Chesa Boudin, a former district attorney of San Francisco; and Katherine Judson, executive director of the Center for Integrity in Forensic Sciences, a nonprofit that seeks to improve the reliability of criminal prosecutions.

The problem of A.I.-generated errors in legal papers has burgeoned along with the popular use of tools like ChatGPT and Gemini, which can perform a wide range of tasks, including writing emails, term papers and legal briefs. Lawyers and even judges have been caught filing court papers that were rife with fake legal references and faulty arguments, leading to embarrassment and sometimes hefty fines.

The Kjoller case, though, is one of the first in which prosecutors, whose words carry great sway with judges and juries, have been accused of using A.I. without proper safeguards...

Lawyers are not prohibited from using A.I., but they are required to ensure that their briefs, however they are written, are accurate and faithful to the law. Today’s artificial intelligence tools are known to sometimes “hallucinate,” or make things up, especially when asked complex legal questions...

Westlaw executives said that their A.I. tool does not write legal briefs, because they believe A.I. is not yet capable of the complex reasoning needed to do so...

Damien Charlotin, a senior researcher at HEC Paris, maintains a database that includes more than 590 cases from around the world in which courts and tribunals have detected hallucinated content. More than half involved people who represented themselves in court. Two-thirds of the cases were in United States courts. Only one, an Israeli case, involved A.I. use by a prosecutor."

Wednesday, November 26, 2025

AI, ethics, and the lawyer's duty after Noland v. Land of the Free; Daily Journal, November 24, 2025

Reza Torkzadeh, Daily Journal; AI, ethics, and the lawyer's duty after Noland v. Land of the Free

"Noland establishes a bright line for California lawyers. AI may assist with drafting or research, but it does not replace judgment, verification or ethical responsibility. Technology may change how legal work is produced -- it does not change who is accountable for it."

GEORGE C. YOUNG AMERICAN INNS OF COURT EXPLORES ETHICS AND PITFALLS OF AI IN THE COURTROOM; The Florida Bar, November 26, 2025

The Florida Bar; GEORGE C. YOUNG AMERICAN INNS OF COURT EXPLORES ETHICS AND PITFALLS OF AI IN THE COURTROOM

"The George C. Young American Inns of Court continued its ongoing focus on artificial intelligence with a recent program titled, “The Use of AI to Craft Openings, Closings, and Directing Cross-Examination: Ethical Imperatives and Practical Realities.”...

Demonstrations showed that many members could not distinguish AI-generated narratives from those written by humans, highlighting the technology’s increasingly high-quality output. However, presenters also noted recurring drawbacks. AI-generated direct and cross-examinations frequently included prohibited or incorrect elements such as hearsay, compound questioning, and fabricated details — jokingly referred to as “ghost people” — distinguishing factual hallucinations from the better-known “phantom citation” problem.

The program concluded with a reminder that while AI may streamline drafting and help lawyers think creatively, professional judgment cannot be outsourced. The ultimate responsibility for accuracy, ethics, and advocacy remains with the lawyer."