Continuing the weekly blog posts about lawyers using AI and getting in trouble, the Massachusetts Office of Bar Counsel recently issued an article entitled “Two Years of Fake Cases and the Courts are Ratcheting Up the Sanctions,” summarizing the problems encountered by courts when confronted with lawyers citing fake cases, and the subsequent referral to disciplinary counsel.
The article outlines multiple cases of lawyers being sanctioned for filing pleadings containing fake cases after using generative AI tools to draft the pleading. The cases range from lawyers not checking the cites themselves, to supervising lawyers not checking the cites of lawyers they are supervising before filing the pleading.
The article reiterates our professional ethical obligations as officers of the court to always file pleadings that “to the best of the attorney’s knowledge, information and belief, there is a good ground to support it,” that “any lawyer who signs, files, submits, or later advocates for any pleading, motion or other papers is responsible for its content,” and that lawyers are to provide proper supervision to subordinate lawyers and nonlawyers.
The article outlines two recent sanctions imposed upon lawyers in Massachusetts in 2025. The author states, “Massachusetts practitioners would be well-served to read the sanction orders in these matters.” I would suggest that non-Massachusetts practitioners should read the article and the sanctions imposed as they are similar to what other courts are imposing on lawyers who are not checking the content and cites of the pleadings before filing them.
Courts are no longer giving lawyers free passes for being unaware of the risk of using generative AI tools for drafting pleadings. According to the article, sanctions will continue be issued, and practitioners and firms need to address the issue head on.
The article points out several mitigations that lawyers and firms can take to avoid sanctions. My suggestion is that lawyers use caution when using AI to draft pleadings, communicate with any other lawyers involved in drafting the pleadings to determine whether AI is being used (including if you are serving as local counsel), and check and re-check every cite before you file a pleading with a court.