Judge’s reopening of ‘Alligator Alcatraz’ raises ethical concerns; Prism, September 29, 2025

Alexandra Martinez, Prism; Judge’s reopening of ‘Alligator Alcatraz’ raises ethical concerns

"A U.S. appeals court ruled on Sept. 4 to keep Florida’s controversial “Alligator Alcatraz” detention center operating while an appeal plays out, after a district court ruling to shut down the facility. The judge who authored the 2-1 majority opinion was 11th Circuit Court of Appeals Judge Barbara Lagoa. 

Some immigrant rights advocates and local leaders argue that Lagoa’s role in overseeing the case, filed in part against Florida’s government, raises ethical concerns. Lagoa is married to attorney Paul Huck, a partner at Lawson Huck Gonzalez, one of Florida’s most politically connected conservative law firms. The firm is earning millions of dollars from contracts tied to the state’s other legal battles. The firm is not involved in the “Alligator Alcatraz” lawsuit."

AI as Intellectual Property: A Strategic Framework for the Legal Profession; JD Supra, September 18, 2025

Co-authors:James E. Malackowski and Eric T. Carnick , JD Supra; AI as Intellectual Property: A Strategic Framework for the Legal Profession

"The artificial intelligence revolution presents the legal profession with its most significant practice development opportunity since the emergence of the internet. AI spending across hardware, software, and services reached $279.22 billion in 2024 and is projected to grow at a compound annual growth rate of 35.9% through 2030, reaching $1.8 trillion.[i] AI is rapidly enabling unprecedented efficiencies, insights, and capabilities in industry. The innovations underlying these benefits are often the result of protectable intellectual property (IP) assets. The ability to raise capital and achieve higher valuations can often be traced back to such IP. According to data from Carta, startups categorized as AI companies raised approximately one-third of total venture funding in 2024. Looking only at late-stage funding (Series E+), almost half (48%) of total capital raised went to AI companies.[ii]Organizations that implement strategic AI IP management can realize significant financial benefits.

At the same time, AI-driven enhancements have introduced profound industry risks, e.g., disruption of traditional business models; job displacement and labor market reductions; ethical and responsible AI concerns; security, regulatory, and compliance challenges; and potentially, in more extreme scenarios, broad catastrophic economic consequences. Such risks are exacerbated by the tremendous pace of AI development and adoption, in some cases surpassing societal understanding and regulatory frameworks. According to McKinsey, 78% of respondents say their organizations use AI in at least one business function, up

from 72% in early 2024 and 55% a year earlier.[iii]

This duality—AI as both a catalyst and a disruptor—is now a feature of the modern global economy. There is an urgent need for legal frameworks that can protect AI innovation, facilitate the proper commercial development and deployment of AI-related IP, and navigate the risks and challenges posed by this new technology. Legal professionals who embrace AI as IP™ will benefit from this duality. Early indicators suggest significant advantages for legal practitioners who develop specialized AI as IP expertise, while traditional IP practices may face commoditization pressures."

All About the Action:Are lawyers more at risk for gambling addiction?; ABA Journal, August 1, 2025

DAVID WEISENFELD, ABA Journal ; All About the Action: Are lawyers more at risk for gambling addiction?

"“Something about gambling draws in certain types of lawyers,” Levant says. But the same things that make them successful in the courtroom can turn against them with gambling and make them vulnerable to wins and losses, he notes."

What Deepfake Scams Teach Us About AI and Fraud; ABA Journal, June 10, 2024

 Jeffrey M Allen, ABA Journal; What Deepfake Scams Teach Us About AI and Fraud

"How Can Lawyers Help? Start with Awareness

Whether you work in elder law, family law, estate planning, or general civil practice, you’ve probably encountered lonely, grieving, or emotionally raw clients. The very people scammers like to target.

Attorneys can protect clients (and themselves) by:

• Spotting the red flags. Does the story sound dramatic, urgent, or secretive? That’s a clue.
• Verifying everything. Real celebrities don’t DM strangers asking for cash. If a story seems off, it probably is.
• Watching for payment via crypto or wire transfer. Once it’s gone, it’s almost impossible to recover.
• Encouraging clients to slow down. Scammers rely on urgency. A second opinion can stop a scam from progressing.

What Should Lawmakers Do?

There’s no silver bullet here, but the legal system should adapt.

• Modernize fraud and impersonation laws to include AI-generated deepfakes and synthetic media explicitly.
• Increase platform accountability. Social media and messaging platforms should be required to detect and remove known scams more quickly.
• Encourage cross-border enforcement agreements to track international fraud rings more efficiently."

Emil Bove Is a Sign of the Times; The Atlantic, July 30, 2025

 Quinta Jurecic, The Atlantic; Emil Bove Is a Sign of the Times

"Whatever approach Bove takes from here, his path so far has demonstrated that total sycophancy to the president can be a fantastic career move for ambitious lawyers—especially those for whom other avenues of success might not be forthcoming."

Getting Along with GPT: The Psychology, Character, and Ethics of Your Newest Professional Colleague; ABA Journal, May 9, 2025

 ABA Journal; Getting Along with GPT: The Psychology, Character, and Ethics of Your Newest Professional Colleague

"The Limits of GenAI’s Simulated Humanity

• Creative thinking. An LLM mirrors humanity’s collective intelligence, shaped by everything it has read. It excels at brainstorming and summarizing legal principles but lacks independent thought, opinions, or strategic foresight—all essential to legal practice. Therefore, if a model’s summary of your legal argument feels stale, illogical, or disconnected from human values, it may be because the model has no democratized data to pattern itself on. The good news? You may be on to something original—and truly meaningful!
• True comprehension. An LLM does not know the law; it merely predicts legal-sounding text based on past examples and mathematical probabilities.
• Judgment and ethics. An LLM does not possess a moral compass or the ability to make judgments in complex legal contexts. It handles facts, not subjective opinions.  
• Long-term consistency. Due to its context window limitations, an LLM may contradict itself if key details fall outside its processing scope. It lacks persistent memory storage.
• Limited context recognition. An LLM has limited ability to understand context beyond provided information and is limited by training data scope.
• Trustfulness. Attorneys have a professional duty to protect client confidences, but privacy and PII (personally identifiable information) are evolving concepts within AI. Unlike humans, models can infer private information without PII, through abstract patterns in data. To safeguard client information, carefully review (or summarize with AI) your LLM’s terms of use."

Trial Court Decides Case Based On AI-Hallucinated Caselaw; Above The Law, July 1, 2025

Joe Patrice, Above The Law; Trial Court Decides Case Based On AI-Hallucinated Caselaw

"Between opposing counsel and diligent judges, fake cases keep getting caught before they result in real mischief. That said, it was always only a matter of time before a poor litigant representing themselves fails to know enough to sniff out and flag Beavis v. Butthead and a busy or apathetic judge rubberstamps one side’s proposed order without probing the cites for verification. Hallucinations are all fun and games until they work their way into the orders.

It finally happened with a trial judge issuing an order based off fake cases (flagged by Rob Freund(Opens in a new window)). While the appellate court put a stop to the matter, the fact that it got this far should terrify everyone.

Shahid v. Esaam(Opens in a new window), out of the Georgia Court of Appeals, involved a final judgment and decree of divorce served by publication. When the wife objected to the judgment based on improper service, the husband’s brief included two fake cases. The trial judge accepted the husband’s argument, issuing an order based in part on the fake cases."

Emil Bove’s ‘I’m Not A Henchman’ T-Shirt Has People Asking Questions At Judicial Confirmation Hearing; Above The Law, June 26, 2025

 Liz Dye  , Above The Law; Emil Bove’s ‘I’m Not A Henchman’ T-Shirt Has People Asking Questions At Judicial Confirmation Hearing

"Emil Bove, III began his career at the Southern District of New York, where he was by all accounts a competent prosecutor. His management style left something to be desired, however, and he was denied promotion for “abusive” behavior

(Opens in a new window) toward his subordinates...

Third Circuit, here he comes!

On Wednesday, June 25, Bove appeared before the Senate Judiciary Committee, which is considering his nomination to the Third Circuit.

He opened by insisting, “I am not anybody’s henchman, I am not an enforcer. I’m a lawyer from a small town, who never expected to be in an arena like this.”

That is horseshit, of course. No one gets to “an arena like this” without a healthy dose of ambition. Note that Bove’s aw shucks modesty didn’t extend to telling the White House that he’d be a more appropriate nominee the US District Court.

And although his tone during the hearing was measured, his willingness to twist the truth was on full display

Asked about the Adams case, Bove pointed to the order dismissing the charges(Opens in a new window) as proof that he’d behaved appropriately. In reality, the Justice Department’s refusal to prosecute left the court little choice. And Judge Dale Ho denied the DOJ’s request to dismiss without prejudice, because allowing the Trump administration to reap the benefits of a corrupt bargain would be “difficult to square with the words engraved above the front entrance of the United States Supreme Court: ‘Equal Justice Under Law.’”

Bove denied telling subordinates to defy a court order, but said he just plum couldn’t remember if he’d told them to give the bird to a federal judge.

Over and over he simply refused to answer questions based on spurious claims about the deliberative process privilege. But, he assured the senators, all was on the up and up, even if he couldn’t commit(Opens in a new window) to recusing from cases involving his former client Donald Trump.

And if any Republican senator might be tempted to vote no, he brought out the big guns. Alan Dershowitz, late of Harvard Law (and his marbles), sent a letter(Opens in a new window) to the Judiciary Committee gushing that “Mr. Bove’s superior character, demeanor and diligence are evident throughout his time as Principal Associate Deputy Attorney General, as well as in private practice.”"

(Opens in a new windowtoward his subordinates.

Pope: Intelligence is seeking life's true meaning, not having reams of data; United States Conference of Catholic Bishops, June 20, 2025

Carol Glatz , United States Conference of Catholic Bishops; Pope: Intelligence is seeking life's true meaning, not having reams of data

"Access to vast amounts of data and information is not the same thing as having intelligence, which is uniquely human and requires being open to truth, goodness and the real meaning of life, Pope Leo XIV told AI experts and executives.

"Authentic wisdom has more to do with recognizing the true meaning of life than with the availability of data," he said in a written message released by the Vatican June 20.

"Acknowledging and respecting what is uniquely characteristic of the human person is essential to the discussion of any adequate ethical framework for the governance of AI," he wrote.

The message, written in English, was addressed to people attending the second annual Rome conference on AI, Ethics and the Future of Corporate Governance being held in Rome and at the Vatican June 19-20.

The conference "brings together executives from leading AI companies as well as large enterprises using AI with policymakers, scholars, ethicists and lawyers to consider in a holistic way the challenges facing the ethics and governance of AI, both for companies developing this revolutionary technology as well as the enterprises incorporating AI into their businesses," according to the event's website."

Global AI: Compression, Complexity, and the Call for Rigorous Oversight; ABA SciTech Lawyer, May 9, 2025

Joan Rose Marie Bullock, ABA SciTech Lawyer; Global AI: Compression, Complexity, and the Call for Rigorous Oversight

"Equally critical is resisting haste. The push to deploy AI, whether in threat detection or data processing, often outpaces scrutiny. Rushed implementations, like untested algorithms in critical systems, can backfire, as any cybersecurity professional can attest from post-incident analyses. The maxim of “measure twice, cut once” applies here: thorough vetting trumps speed. Lawyers, trained in precedent, recognize the cost of acting without foresight; technologists, steeped in iterative testing, understand the value of validation. Prioritizing diligence over being first mitigates catastrophic failures of privacy breaches or security lapses that ripple worldwide."

Lack of oversight may be why younger lawyers use fake AI citations; ABA Journal, June 1, 2025

 DAVID WEISENFELD , ABA Journal; Lack of oversight may be why younger lawyers use fake AI citations

"Under Rule 5.1 of the ABA Model Rules of Professional Conduct, a partner in a law firm and a lawyer who—individually or together with other lawyers—has managerial authority in a law firm must make “reasonable efforts” to ensure all lawyers in the firm conform to the Rules of Professional Conduct.

But what are reasonable efforts in the age of generative AI, which has seen lawyers being sanctioned for citing fictitious cases?...

In the 2024 Massachusetts case Smith v. Farwell, a lawyer for the plaintiff filed legal memoranda that cited and relied on fictitious cases. Acknowledging his ignorance of AI and disclaiming any intention to mislead the court, the lawyer attributed the inclusion of the cases to an associate and two recent law school graduates who had not yet passed the bar who worked on the brief.

The judge credited the attorney’s contrition, but he said it did not exonerate him of all fault and ordered him to pay a $2,000 sanction.

Just as ignorance of the law is no excuse, a lack of technical knowledge does not justify any sort of failure to supervise, according to Lucian Pera, a partner with Adams and Reese."

Emerging Issues in the Use of Generative AI: Ethics, Sanctions, and Beyond; The Federalist Society, June 3, 2025 12 PM EDT

The Federalist Society; Emerging Issues in the Use of Generative AI: Ethics, Sanctions, and Beyond

"The idea of Artificial Intelligence has long presented potential challenges in the legal realm, and as AI tools become more broadly available and widely used, those potential hurdles are becoming ever more salient for lawyers in their day-to-day operations. Questions abound, from what potential risks of bias and error may exist in using an AI tool, to the challenges related to professional responsibility as traditionally understood, to the risks large language learning models pose to client confidentiality. Some contend that AI is a must-use, as it opens the door to faster, more efficient legal research that could equip lawyers to serve their clients more effectively. Others reject the use of AI, arguing that the risks of use and the work required to check the output it gives exceed its potential benefit.

Join us for a FedSoc Forum exploring the ethical and legal implications of artificial intelligence in the practice of law.

Featuring: 

• Laurin H. Mills, Member, Werther & Mills, LLC
• Philip A. Sechler, Senior Counsel, Alliance Defending Freedom
• Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law; Thomas M. Siebel Senior Fellow, Hoover Institution, Stanford University
• (Moderator) Hon. Brantley Starr, District Judge, United States District Court for the Northern District of Texas"

Excruciating reason Utah lawyer presented FAKE case in court after idiotic blunder; Daily Mail, May 31, 2025

JOE HUTCHISON FOR DAILYMAIL.COM; Excruciating reason Utah lawyer presented FAKE case in court after idiotic blunder

"The case referenced, according to documents, was 'Royer v. Nelson' which did not exist in any legal database and was found to be made up by ChatGPT.

Opposing counsel said that the only way they would find any mention of the case was by using the AI. 

They even went as far as to ask the AI if the case was real, noting in a filing that it then apologized and said it was a mistake.

Bednar's attorney, Matthew Barneck, said that the research was done by a clerk and Bednar took all responsibility for failing to review the cases.

He told The Salt Lake Tribune: 'That was his mistake. He owned up to it and authorized me to say that and fell on the sword."

Trump Loses Another Battle in His War Against Elite Law Firms; The New York Times, May 27, 2025

 Zach Montague, The New York Times; Trump Loses Another Battle in His War Against Elite Law Firms

"“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The founding fathers knew this!” Judge Leon wrote in a 73-page opinion laced with more than two dozen exclamation points.

“Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence,” he wrote. “Little wonder that in the nearly 250 years since the Constitution was adopted no executive order has been issued challenging these fundamental rights.”

So far, federal judges have steadfastly rejected what they have described as an effort by the White House to subjugate the nation’s top law firms."

Anthropic’s law firm throws Claude under the bus over citation errors in court filing; The Register, May 15, 2025

Thomas Claburn, The Register; Anthropic’s law firm throws Claude under the bus over citation errors in court filing

"An attorney defending AI firm Anthropic in a copyright case brought by music publishers apologized to the court on Thursday for citation errors that slipped into a filing after using the biz's own AI tool, Claude, to format references.

The incident reinforces what's becoming a pattern in legal tech: while AI models can be fine-tuned, people keep failing to verify the chatbot's output, despite the consequences.

The flawed citations, or "hallucinations," appeared in an April 30, 2025 declaration [PDF] from Anthropic data scientist Olivia Chen in a copyright lawsuit music publishers filed in October 2023.

But Chen was not responsible for introducing the errors, which appeared in footnotes 2 and 3.

Ivana Dukanovic, an attorney with Latham & Watkins, the firm defending Anthropic, stated that after a colleague located a supporting source for Chen's testimony via Google search, she used Anthropic's Claude model to generate a formatted legal citation. Chen and defense lawyers failed to catch the errors in subsequent proofreading.

"After the Latham & Watkins team identified the source as potential additional support for Ms. Chen’s testimony, I asked Claude.ai to provide a properly formatted legal citation for that source using the link to the correct article," explained Dukanovic in her May 15, 2025 declaration [PDF].

"Unfortunately, although providing the correct publication title, publication year, and link to the provided source, the returned citation included an inaccurate title and incorrect authors.

"Our manual citation check did not catch that error. Our citation check also missed additional wording errors introduced in the citations during the formatting process using Claude.ai."...

The hallucinations of AI models keep showing up in court filings.

Last week, in a plaintiff's claim against insurance firm State Farm (Jacquelyn Jackie Lacey v. State Farm General Insurance Company et al), former Judge Michael R. Wilner, the Special Master appointed to handle the dispute, sanctioned [PDF] the plaintiff's attorneys for misleading him with AI-generated text. He directed the plaintiff's legal team to pay more than $30,000 in court costs that they wouldn't have otherwise had to bear.

After reviewing a supplemental brief filed by the plaintiffs, Wilner found that "approximately nine of the 27 legal citations in the ten-page brief were incorrect in some way."

Two of the citations, he said, do not exist, and several cited phony judicial opinions."

AI of dead Arizona road rage victim addresses killer in court; The Guardian, May 6, 2025

Cy Neff, The Guardian; AI of dead Arizona road rage victim addresses killer in court

"Pelkey’s appearance from beyond the grave was made possible by artificial intelligence in what could be the first use of AI to deliver a victim impact statement. Stacey Wales, Pelkey’s sister, told local outlet ABC-15 that she had a recurring thought when gathering more than 40 impact statements from Chris’s family and friends.

“All I kept coming back to was, what would Chris say?” Wales said.

As AI spreads across society and enters the courtroom, the US judicial conference advisory committee has announced that it will begin seeking public comment as part of determining how to regulate the use of AI-generated evidence at trial."

Trump presidential orders target law firms. Here's how some lawyers say that threatens the rule of law.; CBS News, May 4, 2025

Scott Pelley, CBS News; Trump presidential orders target law firms. Here's how some lawyers say that threatens the rule of law.

[Kip Currier: The Trump Executive Orders against select law firms violate the spirit and substance of foundational democratic beliefs and rights enshrined in the U.S. Constitution. 

The right to legal counsel is a fundamental precept of America's justice system and democracy.  Trump's Executive Orders imperil the right to legal counsel.

It is a conservative principle that finds its roots in the rebellion of the Thirteen Original Colonies against the human rights-starved tyranny of colonial England under King George III (1760-1820).

It is a tenet that has set the U.S. apart from authoritarian regimes.

The right to legal counsel is in jeopardy under the current administration.

The courageous, democratically-principled lawyers, law firms, judges, and legal organizations that are standing up and speaking out against these baseless unconstitutional actions deserve our admiration, support, and gratitude.]

[Excerpt]

"It was nearly impossible to get anyone on camera for this story because of the fear now running through our system of justice. In recent weeks, President Trump has signed orders against several law firms — orders with the power to destroy them. That matters because lawsuits have been a check on the president's power. Many firms and attorneys have been targeted, among them Marc Elias, a long time opponent of Trump who is the only lawyer the president has named who was willing to appear on 60 Minutes. Elias, and others, are warning that Trump's assault on the legal profession threatens the rule of law itself. Elias says that for him, it began with the president's personal grudge...

In a shock to the legal community, nine major firms went to the White House to make a deal. Some say they were pressured, not by a written order, but by a message from the White House threatening an order...

Marc Elias: It is trying to intimidate them the way in which a mob boss intimidates people in the neighborhood that he is seeking to either exact protection money from or engage in other nefarious conduct. I mean, the fact is that these law firms are being told, "If you don't play ball with us, maybe somethin' really bad will happen to you." 

The nine firms did not admit wrongdoing but, altogether, they agreed to give nearly $1 billion in legal services to causes that the firms and Trump support. 

Donald Ayer: Our whole system of government is at stake.

Attorney Donald Ayer should know. He argued before the Supreme Court for the Reagan administration. He was deputy attorney general for George H. W. Bush. Today, he teaches at Georgetown Law...

Four firms are standing up and fighting in court. Judges protected them with temporary restraining orders. Law professor Donald Ayer says, in his view, Trump's orders violate the constitutional rights to free speech, due process and the right to counsel."

Trump’s Order Targeting Law Firm Perkins Coie Is Unconstitutional, Judge Rules; The New York Times, May 2, 2025

Zach Montague , The New York Times; Trump’s Order Targeting Law Firm Perkins Coie Is Unconstitutional, Judge Rules

"A federal judge ruled on Friday that an executive order President Trump signed in March targeting the law firm Perkins Coie was unconstitutional and directed the government not to enforce its terms, which had threatened to upend the firm’s business.

The ruling was the first time a court had stepped in to permanently bar Mr. Trump from trying to punish a law firm he opposes politically.

Skipping a trial and moving directly to a final ruling, Judge Beryl A. Howell of the Federal District Court for the District of Columbia wrote that attempts to bring the firm to heel under the threat of retaliation amounted to unlawful coercion, and imperiled its lawyers’ ability to freely practice law.

“No American president has ever before issued executive orders like the one at issue,” she wrote, adding, “In purpose and effect, this action draws from a playbook as old as Shakespeare, who penned the phrase: ‘The first thing we do, let’s kill all the lawyers.’”"

In Suits and Ties, Lawyers Protest Trump’s Attacks on the Legal System; The New York Times, May 1, 2025

Santul Nerkar , The New York Times; In Suits and Ties, Lawyers Protest Trump’s Attacks on the Legal System The National Law Day of Action, which drew roughly 1,500 people in New York City, was organized to resist the president’s threats against judges and the nation’s jurisprudence.

"About 1,500 demonstrators, many of them lawyers sporting business attire, jammed the plaza outside Manhattan’s federal courthouse as part of the National Law Day of Action, chanting in favor of the rule of law and hoisting pocket Constitutions to the sky.

It was one of around 50 similar actions around the nation on Thursday, led by lawyers who said President Trump was threatening the foundation of America’s legal system.

“The rule of law protects us all. Without it we will surely fall,” the crowd chanted.

In his second term, Mr. Trump has aimed to hobble elite law firms, threatened to impeach judges and ignored their orders. For many in the profession, his actions have presented an unpalatable choice between compromising their values by staying silent and facing professional risk by speaking out."

Fired Justice Dept. official speaks out on her ouster and Mel Gibson; The Washington Post, March 12, 2025

Perry Stein , The Washington Post; Fired Justice Dept. official speaks out on her ouster and Mel Gibson

"Oyer said her office was asked to identify suitable candidates. She sifted through people who had applied for pardons and whom her office had already vetted, then crafted a list of 95 individuals who had committed relatively nonviolent crimes at least 20 years ago and had demonstrated exemplary conduct since serving their punishments.

Justice Department leaders whittled that list down to nine people, Oyer said, and she was asked to send a memo to Bondi explaining why those people should have their gun rights restored.

“I was comfortable doing that with those cases because I had a great deal of information on those nine people and had already recommended that they were suitable candidates for a presidential pardon,” Oyer toldMSNBC.

But after Oyer drafted the memo, she was asked to add Gibson to the list of nine people. She said Gibson had not applied for a pardon or been vetted through her office and, as someone with a domestic violence conviction, she did not believe he met the criteria to have his gun rights restored.

Oyer said security escorted her from her office hours after she refused to add Gibson’s name to the list."