Penalties Stack Up As AI Spreads Through the Legal System

When it comes to using AI, it seems some lawyers just can’t help themselves. Last year saw a rapid increase in court sanctions against attorneys for filing briefs containing errors generated by artificial intelligence tools. The most prominent case was that of the lawyers for MyPillow CEO Mike Lindell, who were fined $3,000 each for filing briefs containing fictitious, AI-generated citations. But as a cautionary tale, it doesn’t seem to have had much effect. The numbers started taking off last year, and the rate is still increasing. He counts a total of more than 1,200 to date, of which about 800 are from U.S. courts. “I am surprised that people are still doing this when it’s been in the news,” says Carla Wale, associate dean of information & technology and director of the law library at the University of Washington School of Law. “Whatever the generative AI tool gives you — as in, ‘Look at these cases’ — you, under the rules of professional conduct, you have to read those cases. You have to read the cases to make sure what you are citing is accurate.”

“I think that lawyers who understand how to effectively and ethically use generative AI replace lawyers who don’t,” she says. “That’s what I think the future is.”