Courts are increasingly penalizing the misuse of generative AI in litigation, warn litigation & enforcement partner Amy Jane Longo and managing principal and global head of advanced e-discovery and AI Shannon Capone Kirk in a Bloomberg Law article.
Nearly two years after the first sanctions for AI-fabricated citations, reprimands have accelerated, with dozens of opinions documenting hallucinated authorities and procedural abuses.
Judges are tightening expectations for individual attorneys, law firms, as well as pro se litigants - issuing warnings, fines, dismissals, bar referrals, and other sanctions - often without adopting new AI-specific rules. The key takeaway: verification is mandatory.
Practitioners should rigorously cite-check all AI-assisted research using trusted legal databases before filing. The risks extend beyond lawyers to clients and experts, including exclusion of testimony, loss of credibility, and reputational harm.
To stay up to date on AI-related court orders across the U.S., go to our interactive AI court order tracker.
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