A growing number of lawyers in the United States are facing judicial scrutiny for submitting court filings containing fabricated legal citations generated by artificial intelligence (AI). This trend raises serious concerns about unverified AI use in legal practice.
Latest Case: AI-Generated Mistakes in Walmart Lawsuit
The most recent case involves two attorneys who may face sanctions after a Wyoming federal judge discovered false legal citations in a lawsuit against Walmart. One of the lawyers admitted to using an AI tool that produced incorrect references, calling it an “inadvertent mistake.”
Following this, Morgan & Morgan, a major personal injury law firm, issued internal warnings against unverified AI use in legal documents. However, both the law firm and Walmart have declined to comment on the issue.
Judicial Crackdown on AI-Generated Legal Errors
This Wyoming case is among at least seven similar incidents in recent years, where US courts have disciplined lawyers for submitting AI-generated legal fiction.
Some notable cases include:
🔹 June 2023 – A Manhattan court fined two lawyers $5,000 for citing non-existent cases in a lawsuit against an airline.
🔹 November 2023 – A Texas federal judge fined a lawyer $2,000 and ordered them to take an AI in law course after citing fake cases in a wrongful termination lawsuit.
🔹 Recent Case in Minnesota – A misinformation expert lost credibility after admitting to using AI-generated references in a case involving a parody of US Vice President Kamala Harris.
AI’s Growing Role in Law
A 2023 survey by Thomson Reuters revealed that 63% of lawyers have used AI in their work, with 12% relying on it regularly. Many law firms are integrating AI tools for legal research and drafting.
However, AI-generated content is prone to “hallucinations”—a term used to describe when AI fabricates information based on statistical patterns rather than factual verification.
Legal Community Reacts to AI Misuse
⚖️ The American Bar Association has reinforced ethical guidelines, warning that even unintentional AI-generated errors can lead to disciplinary action.
📢 Andrew Perlman, dean of Suffolk University Law School, stated:
“When lawyers use ChatGPT or other AI tools to generate citations without verifying them, that’s incompetence, pure and simple.”
🔍 Harry Surden, an AI and law professor at the University of Colorado, argues that these incidents reveal a “lack of AI literacy” among legal professionals.
The Future of AI in Law
As AI continues to reshape legal work, lawyers must ensure they verify AI-generated citations to maintain professional credibility. With courts increasing scrutiny, lawyers risk serious consequences if they fail to fact-check their submissions.
