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"

France to propose sanctions at EU level on Russian firms spreading disinformation; Reuters, April 2, 2024

Reuters; France to propose sanctions at EU level on Russian firms spreading disinformation

"France will propose EU-wide level sanctions on those behind spreading disinformation amid what Paris sees as growing efforts by Russia to destabilise the bloc, Foreign Minister Stephane Sejourne on Tuesday."

GDPR Mastered: Preparing For History’s Biggest Data Privacy Revolution; Data economy, June 29, 2017

João Marques Lima, Data Economy; GDPR Mastered: Preparing For History’s Biggest Data Privacy Revolution

"Are GDPR sanctions enough to deter companies and make them change their behaviour?

SF: It has already got their attention. It certainly is the one area where C-level executives are starting to pay attention. Four percent of a global annual revenue is pretty substantial and will put some companies out of business.

It will still be those large multinational organisations that their entire business relies on data that will try to push back and in their head they might think: there is no way we will be fined this.

However, what is going to happen is that the data protection authority is going to look for that first case, and that first case that they find, that first company that they can actually hold it accountable and sanction will become the poster child to get companies to rethink their position. They cannot be arrogant any longer."

Federal Judge in Texas Demands Justice Dept. Lawyers Take Ethics Class; New York Times, 5/19/16

Michael D. Shear, New York Times; Federal Judge in Texas Demands Justice Dept. Lawyers Take Ethics Class:

"A federal judge in Texas on Thursday excoriated the Justice Department, demanding ethics classes for the department’s lawyers and ordering other sanctions for those who argued the case involving President Obama’s immigration executive actions...

In a blistering order, Judge Andrew S. Hanen of Federal District Court in Brownsville accused the Justice Department lawyers of lying to him during arguments in the case, and he barred them from appearing in his courtroom.

He also demanded that Attorney General Loretta E. Lynch provide a “comprehensive plan” within 60 days describing how she will prevent unethical conduct in the future, as well as making sure the department’s Office of Professional Responsibility effectively prevents misconduct among its lawyers.

He also said that any Justice Department lawyer who wants to appear in a state or federal court in any of the 26 states who filed suit to block Mr. Obama’s executive actions should be required to take an annual three-hour ethics course for the next five years.

“Clearly, there seems to be a lack of knowledge about or adherence to the duties of professional responsibility in the halls of the Justice Department,” Judge Hanen wrote in the 28-page order."