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TECHNO TRAIN WRECK
Lawyers v. Artificial Intelligence
Honesty and integrity being mainstays of the legal profession – and most, but not necessarily all, others – AI has empowered some not-so-kosher members of the bar to new lows of disrepute. For example:
In Mata v. Avianca, a 2023 case, plaintiff’s counsel filed papers citing cases with plausible names, reporter citations, judges, procedural histories, and quotations. When the opposition could not locate the cases, the lawyers went all in, submitting supposed copies and excerpts of the “opinions”—also generated by ChatGPT. The judge imposed sanctions on the individual lawyers and their firm, including a $5,000 penalty and notice to the judges whose names had been falsely attached to fabricated opinions.
In Benjamin v. Costco Wholesale Corp. (2025), another lawyer turned late-night to an AI tool to write a reply that contained five fake cases. She later admitted she had not read or cite-checked the authorities and had only skimmed the AI-generated work. “A client expects that her attorney will vigorously pursue her case and make persuasive arguments on her behalf to the court. And she expects that the lawyer will perform the work in an efficient manner. Likewise, courts expect submissions from attorneys to be accurate. They similarly anticipate counsel will identify the appropriate authority supporting a legal position presented to the court. None of that happened here.” Result: $1,000 monetary sanctions.
In ByoPlanet International, LLC v. Johansson (2025) an attorney repeatedly used ChatGPT-generated material across multiple related federal and state cases. The filings included hallucinated cases and fake quotations from real ones.
The judge observed: “During a bygone era when dinosaurs roamed the earth and the undersigned was in law school (1998), to research cases a student often had to hold a volume of a legal reporter in one's hands. To ensure that all cases cited were good law, students and attorneys employed services like Shepard's Citations. But even in that dark, pre-modern age, stars rose in the distance; online legal sources, such as Westlaw and LexisNexis, came forth to aid lawyers in performing legal research…
“Now, another star rises—AI—with the potential to revolutionize the legal field (and much else) once again. From Altman to Zuckerberg, we are told that AI has the potential to perform hours of legal research on nearly any topic in seconds. Large language models like ChatGPT offer the promise to employ AI to perform legal research and even draft legal filings, such as briefs and complaints.
“However, AI is not yet a match for an actual litigator. Employing the euphemism-du-jour, AI regularly ‘hallucinates’ entire cases and ‘hallucinates’ quotations from real cases.”
The judge thus dismissed several of that lawyer’s cases, ordered him to pay the opposing party’s attorney fees and referred the offender to the state bar for discipline.
Take-Away:
While these instances involve lawyers, the cautions of course also apply to business owners, managers, human resources directors and responsible professionals across the boards. On employment issues, management should not rely on AI-generated directives. There is no substitute for experienced competent legal counsel.
See also:
Tim Bowles
May 8, 2026
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