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ARTICLE · 16 DECEMBER 2024

Trust, But Verify: Avoiding The Perils Of AI Hallucinations In Court

Baker Botts L.L.P.
Baker Botts L.L.P.
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Baker Botts L.L.P.

Baker Botts L.L.P.

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The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice.

United StatesTechnology
Dominic Cruciani
Dominic Cruciani
Danny David
Danny David
Richard B. Harper
Richard B. Harper
John B. Lawrence
John B. Lawrence
Michelle N. Molner
Michelle N. Molner
Margaret M. Welsh
Margaret M. Welsh
Travis J. Wofford
Travis J. Wofford

Introduction

The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services to their clients. But lawyers must exercise caution when utilizing these new AI platforms to ensure they comply with their ethical obligations. A recent case from the Eastern District of Texas highlights a recurring ethical issue: litigators citing hallucinated case law generated by AI without verifying the accuracy (or even the existence) of the cases cited in a brief to the Court.

Judge Marcia Crose held that the lawyer's oversight breached his ethical obligations, including Rule 11(b)(2) of the Federal Rules of Civil Procedure and the Eastern District of Texas's Local Rule AT-3(b). The Court issued sanctions in the form of a $2,000 penalty and a directive to attend a continuing legal education course on using generative AI in

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