A New York federal judge has recently questioned the validity of legal citations provided by one of Michael Cohen’s attorneys. The attorney was ordered to produce copies of what the court perceives as fictional cases cited in a motion. Illustrating the rising issue, some legal professionals have been misled by AI technologies that can unexpectedly generate fictitious legal citations, leading to notable complications.
The legal news provider, Law360, reported that U.S. District Judge Jesse M. Furman has ordered David M. Schwartz, Cohen’s criminal defense attorney, to either provide the three decision records mentioned in a recent motion or explain why he should not face sanctions.
The UK Courts and Tribunals Judiciary recently warned judges to be vigilant about legal arguments that might have been drafted using AI. The warning came due to a surge in ‘hallucinations’ of legal citations and evidence, that is, the creation of such instances where none originally existed.
The growing use of AI in legal document drafting is a concern in the U.S. as well. A few attorneys have faced disciplinary actions for alleged misuse of AI in court filings. Earlier this year, two New York personal injury attorneys faced sanctions for submitting a brief which included legal citations generated by AI that turned out to be baseless.
As AI technologies continue to establish a presence in the legal field, especially in drafting documents, several judges have started to take measures around its usage. For instance, U.S. District Judge Brantley Starr of the Northern District of Texas now demands that attorneys appearing before him certify the accuracy of their briefs, especially if they were written using AI.
Judges Stephen A. Vaden of the U.S. Court of International Trade and Michael Baylson of the Eastern District of Pennsylvania have issued similar orders. These newer guidelines call for attorneys and self-representing litigants to disclose any use of AI in the development of any court submissions, and to certify the veracity of such filings.