Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 54
In any American court, there is an obligation
for attorneys submitting legal citations to verify
the citations are accurate. Lawyers signing legal
昀椀lings are responsible for this veri昀椀cation, whether
underlying work was done by junior attorneys or
genAI systems.
In Lacey v. State Farm Gen. Ins. Co., No. cv-24-05205
FMO (MAAx) (C.D. Cal. May 6, 2025), attorneys from
K&L Gates and Ellis George were 昀椀ned $31,100 for
submitting briefs with non-existent or incorrect
citations. Similarly, in P.R. Soccer League NFP Corp.
v. Federación Puertorriqueña de Futbol, No. 3:23-cv01203-RAM-MDM (D.P.R. Apr. 10, 2025), more than
$50,000 in attorney’s fees was awarded to Paul Weiss
after opposing counsel 昀椀led motions with made up
content.
Federal Rule of Civil Procedure 11(b)(2) requires that
when an attorney or unrepresented party submits
legal documents to the court, they certify that the
legal claims or arguments are supported by existing
law or by a reasonable, nonfrivolous argument to
change the law.
Most recently, lawyers for MyPillow CEO Mike
Lindell were 昀椀ned after submitting a legal brief
昀椀lled with AI-generated errors. U.S. District Judge
Nina Wang of the District of Colorado found that
attorneys from McSweeney Cynkar and Kachouro昀昀
“were not reasonable in certifying that the claims, defenses
and other legal contentions… were warranted by existing
law.” The Court 昀椀ned Kachouro昀昀 and the attroneys
$3,000 each.
Some courts have created bespoke rules dealing
with the use of genAI by litigants. For instance,
in 2023, U.S. District Judge Brantley Starr of the
Northern District of Texas required attorneys to 昀椀le
a certi昀椀cate to indicate either that no portion of any
昀椀led document was AI-generated, or that a human
being validated any AI-generated text.
If you have questions or concerns about the use of AI
in legal research, please contact:
Law360 maintains a tracker of U.S. district and
magistrate judge standing orders on AI. About 2%
of judges have such orders. Some judges ban the
use of AI outright, others require disclosure of the
use of AI and attestations related to accuracy. Some
courts have simply reminded counsel that they are
responsible for ensuring any information submitted
to a court is accurate.
James Tumbridge james.tumbridge@keystonelaw.co.uk
Robert Peake robert.peake@keystonelaw.co.uk
Ryan Abbott ryan.abbott@keystonelaw.co.uk
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EXPERT WITNESS JOURNAL
52
OCTOBER/NOVEMBER 2025
