Source: JD Supra

JD Supra provides an analysis of the continuing trend of courts sanctioning lawyers for misusing generative Artificial Intelligence, even as many law firms have implemented specific AI usage policies. The article argues that the existence of a firm policy is not, by itself, a sufficient safeguard. The recent spate of sanctions cases demonstrates a recurring failure by individual attorneys to adhere to these policies, particularly the core requirement to independently verify all AI-generated output for accuracy.

The analysis reviews several prominent cases where lawyers have been sanctioned for submitting filings containing fabricated case citations. It identifies common themes in these incidents, including deadline pressure, a misunderstanding of the technology's limitations, and a simple failure of professional diligence. The author suggests that effective compliance requires more than just a written policy; it demands a cultural shift within firms, reinforced by mandatory, practical training on the risks of AI and the proper methods for verification. The article concludes that until lawyers internalize the principle that they are personally and professionally responsible for every word filed with the court, regardless of its technological origin, the trend of AI-related sanctions is likely to continue.