In a recent decision from Judge Marcia A. Crone in the Beaumont Division of the United States District Court for the Eastern District of Texas, the Court came down pretty hard on an attorney who used generative AI for at least some of his legal research without checking to confirm that the cases generated by the AI system were real.  Several of them, including some quotations, were fake.  When opposing counsel pointed this out to the Court, the Court issued a “show cause” order to the attorney who presented the fake case cites, including why the attorney should not be “sanctioned” (fined) by the Court.  At that point, counsel admitted the error and corrected the mistakes.

The concern from the Court was, at a minimum, a violation of Eastern District of Texas Local Rule AT-3(m), which requires attorneys using technology systems, including generative AI, to make sure that standards of practice (such as not citing non-existent cases to the Court) are met.  In addition, when an opposing lawyer receives and reviews a brief with citations to non-existent cases, it requires additional time, research, and effort to confirm that fact, which ultimately causes his or her client to spend more money.

To deter such lackadaisical practices, Judge Crone issued the following sanctions to counsel: (1) a $2,000 fine to be paid into the Court’s registry, (2) a requirement that delinquent counsel attend a continuing legal education course for at least one hour on the use of generative AI in the legal profession (and submit evidence of attendance to the Court), and (3) provide a copy of this order to his client and to confirm as much to the Court.

The moral of the story is that while technology such as generative AI can make our jobs as attorneys easier if it is not deployed properly and carefully, it can cause significant problems, as the lawyer who was the subject of Judge Crone’s order learned the hard way.

A second and perhaps more significant challenge presented to the lawyer is the likelihood of a significantly damaged client relationship.