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ARTICLE · 26 AUGUST 2025

Another Week, Another AI Hallucination Sanction – With A Twist

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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All lawyers (hopefully) know by now to either not use AI for our own briefs, or if we do use it, to check any citations to make sure they, you know, exist.

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All lawyers (hopefully) know by now to either not use AI for our own briefs, or if we do use it, to check any citations to make sure they, you know, exist. And we probably know by now to check briefs from opposing counsel in the hope that you can embarrass them in front of the judge.

But how closely are you checking cites in briefs drafted by your associates, sub-contractors or co-counsel before you sign them? How much are you relying on their word that all is in order?

This week, an Arizona federal judge sanctioned an attorney for the apparent misuse of AI in a brief in Mavy v. Commissioner of Social Security Administration, CaseNo. CV-25-00689-PHX-KML (ASB).In a 24-page opinion (complete with a table of failings - ouch) the court set out in painstaking detail the attorney's misdeeds. As the court makes clear (and as is frighteningly common these days) many cases cited either did not exist, did not support the proposition for which they were cited, or misquoted

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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