In an episode that seems ripped from the headlines of The Onion, attorney Christopher I. Kachouroff, representing Mike Lindell, CEO of MyPillow, in a defamation case, finds himself in potentially grave legal trouble. This story unfolds in the backdrop of a federal court in Colorado, where Eric Coomer, a former employee of Dominion Voting Systems, has sued Lindell for defamation. The accusation stems from Lindell’s persistent, yet unproven claims that Coomer manipulated the 2020 presidential election outcome.
Kachouroff achieved a degree of notoriety last year when he inadvertently revealed that he was not wearing pants during a virtual court hearing. This incident, which was captured and shared widely on platforms such as YouTube, cast a long shadow over his legal career. The recent developments, however, present a more serious challenge. In the Colorado defamation suit, Kachouroff submitted a brief laden with erroneous citations and misrepresentations, many of which were generated by artificial intelligence (AI).
The court document unraveled nearly 30 defective citations and pointedly criticized Kachouroff for misrepresentations and citations that appeared to sources that simply do not exist. The court noted his failure to verify these citations despite having the opportunity to rectify the mistakes prior to filing. In his defense, Kachouroff attributed the errors to another attorney, Jennifer DeMaster, who had been entrusted with proofing the citations. However, he eventually conceded under direct judicial inquiry that AI had been employed in drafting the brief without adequate verification, in breach of his responsibilities under Rule 11 of the Federal Rules of Civil Procedure.
In response to the court’s order to show cause why sanctions should not be levied, Kachouroff and DeMaster have filed a motion arguing that the submission was mistakenly filed with AI-generated errors they claim to have corrected in a later draft. They maintain that, while using AI is not inherently improper, the oversight in this instance was purely accidental, a result of human error exacerbated by being caught unawares during court proceedings.
As the legal community watches this case closely, two key takeaways underscore the perils of modern legal practice: the critical importance of meticulous citation checks and the necessity of maintaining professional decorum, even in virtual settings. The full court order delineating these expectations underscores the seriousness with which the judiciary views these matters.