Jason Holder—Senior Attorney 

ATTORNEY ETHICS: How to Make a Bad Situation Worse: Court Sanctions Attorney for Using Hallucinated Cases to Defend Himself Against Motion Alleging Prior Use of Hallucinated Cases

     In a cautionary tale for attorneys seeking to use artificial intelligence (“AI”) technology in an effort to save time and money, a New York trial court has sanctioned counsel for relying “upon unvetted AI—in his telling, via inadequately supervised colleagues—to defend his use of unvetted AI.” Ader v. Ader, 2025 N.Y. Misc. LEXIS 7848, at *1, 2025 NY Slip Op 51563(U), 1, 87 Misc. 3d 1213(A), 240 N.Y.S.3d 701 (Sup. Ct. N.Y. County Oct. 1, 2025). The initial offense was brought to the court’s attention when the opposition “identified inaccurate citations and quotations in Defendants' opposition brief that appeared to be ‘hallucinated’ by an AI tool.” Id. at *3. Without admitting or denying the use of AI, the offending attorney initially suggested that the passages cited by the opposition “were intended as paraphrases or summarized statements of the legal principles established in the cited authorities.” Id. Rejecting this argument, the court noted that the “paraphrases” included “bracketed terms to indicate departure from a quotation (not something one would expect to see in an intended paraphrase) and comments such as ‘citation omitted.’” Id. at *4. Compounding matters, the cases cited relied upon for the alleged paraphrases of law “did not stand for the propositions quoted, were completely unrelated in subject matter, and in one instance did not exist at all.” Id.

Jason Holder—Senior Attorney

Jason Holder—Senior Attorney, National Legal Research Group

       With the spread of COVID-19, most jurisdictions have declared a state of emergency and/or issued executive orders curtailing daily life. See, e.g., Cal. Exec. Order N-33-20 (Californians must "stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors"); D.C. Mayor’s Order 2020-054 (District residents must "stay in their residences except to perform essential activities, engage in essential business, provide or obtain government services, or engage in certain authorized recreational activities not involving close contact with other persons"); N.Y. Exec. Order 202.8 (nonessential businesses and nonprofit entities must "reduce the in-person workforce at any work locations by 100%"); Va. Exec. Order 53 (nonessential "brick and mortar retail business[es] . . . may continue to operate but must limit all in-person shopping to no more than 10 patrons per establishment"). State and federal courts have also been forced to alter procedures, extend deadlines, or even limit court access. An updated list of orders, see https://web.csg.org/covid19/executive-orders/. Court closures and restrictions can be found at https://www.law360.com/articles/1252836.

Jason Holder—Senior Attorney, National Legal Research Group

            Following an incident in which he allegedly grabbed, choked, and struck the mother of his children, Saylor Suazo (“Suazo”) was charged with a variety of crimes including assault in the third degree, unlawful imprisonment in the second degree, criminal obstruction of breathing or blood circulation, endangering the welfare of a child, menacing, and harassment in the second degree.  People v. Suazo, No. 117, 2018 WL 6173962, at *1 (N.Y. Nov. 27, 2018).  Immediately before the start of trial, however, the prosecution moved to reduce the charges to attempt crimes.  Id.  This reduction meant that Suazo now faced a maximum sentence of three months in jail and, more importantly, that the offenses could be tried without a jury pursuant to Criminal Procedure Law § 340.40(2).  Id. 

            Suazo challenged the reduction and continued to assert his right to a jury trial, arguing that he was a noncitizen charged with deportable offenses rendering any conviction sufficiently serious to mandate a jury trial under the Sixth Amendment.

Jason Holder, Senior Attorney, National Legal Research Group

            Amanda Geraci ("Geraci") attempted to record a Philadelphia police officer's actions as he arrested an antifracking protester. Fields v. City of Philadelphia, 862 F.3d 353, 356 (3d Cir. 2017). Despite the fact that she was not interfering with the officer, a second officer pinned Geraci against a pillar, preventing her from observing or recording the arrest. Id. Geraci faced neither arrest nor citation for her actions. Id.

            Richard Fields ("Fields") was walking down a public sidewalk when he noticed a number of police officers breaking up a house party across the street. Id. As Fields took a photograph of the scene, an officer ordered him to leave the scene. Id. When Fields refused, the officer arrested him, confiscated his phone, and searched it opening "several videos and other photos." Id.

            Geraci and Fields brought suit under 42 U.S.C. § 1983 alleging, inter alia, "that the officers illegally retaliated against them for exercising their First Amendment right to record public police activity."  Id.

Jason Holder, Senior Attorney, National Legal Research Group

     The Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400 et seq., is designed "to ensure that all children with disabilities have available to them a free appropriate public education ["FAPE"]." 20 U.S.C. § 1400(d)(1)(A).  In Fry v. Napoleon Community School, 137 S. Ct. 743 (2017), the Supreme Court examined an IDEA provision which "addresses the Act's relationship with other laws protecting those children." Id. at 748. While the provision does not limit rights under other federal laws, it provides that "if a suit brought under such a law 'seek[s] relief that is also available under' the IDEA, the plaintiff must first exhaust the IDEA's administrative procedures." Id. (citing 20 U.S.C. § 1415(l)).

            Under the IDEA, an individualized education program ("IEP") serves as the primary vehicle for providing a child with a FAPE. Id. at 749 (citing Honig v. Doe, 484 U.S. 305, 311 (1988)). If parents are unsatisfied with an IEP, they can file a complaint with the local or state educational agency (as provided by state law) or "may instead (or also) pursue a full-fledged mediation process." Fry, 137 S. Ct. at 749. Next, the parents may seek a due process hearing appealable to a state agency (if originally conducted at the local level). Id. Only after these steps are completed may a parent seek judicial review with a civil action in state or federal court. Id.

            In Fry, the petitioner’s condition meant that she required a service dog to help her live as independently as possible. Id. at 751. The dog, "Wonder," performs myriad tasks including "retrieving dropped items, helping her balance when she uses her walker, opening and closing doors, turning on and off lights, helping her take off her coat, [and] helping her transfer to and from the toilet." Id. Under the existing IEP, Wonder was not permitted to accompany petitioner to school with school officials believing that a human aide rendered Wonder superfluous. Id.