EDITED BY:
Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Jones, Design & Publishing Editor
PUBLISHED BY: Joseph, Hollander & Craft LLC
PUBLICATION DATE: August 31, 2026
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 8
FEATURE ARTICLE: Ethical Issues with Judicial Use of Generative AI
Lawyers have been using Generative Artificial Intelligence (GAI) for the past decade. During that time, AI has evolved rapidly, and dependence on AI by lawyers has increased enormously. With that increased usage, lawyers have discovered that there are often critical problems with GAI.
When used to do research and draft documents such as memoranda, motions, and briefs, GAI makes mistakes and cites fictional cases and other sources, called hallucinations, and misinterprets real cases that it cites. Indeed, the number and quality of lawyers and law firms that have submitted flawed GAI-generated documents to courts is rather frightening.
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NEW AUTHORITY: An Important Source for AI Information
In this month’s newsletter we want to highlight a source for legal professionals seeking authority addressing generative AI produced hallucinated content: https://www.damiencharlotin.com. This website maintains a database of legal decisions issued in cases where GAI hallucinated content has been submitted in court filings. The website includes cases from throughout the globe, although the majority of cases listed are from jurisdictions in the United States of America.
The site links to the relevant decisions while also listing key information, such as: case name; court/jurisdiction; party using AI (e.g., lawyer, judge, pro se litigant); and outcome of the AI issue (e.g., bar referral, admonishment, sanction). It is searchable as well. Currently, at this writing, the website contains over 1965 decisions addressing instances of hallucinated material in court documents.
This compilation is far more important than one might think. First, has become an accepted source that can be used to document frequency of hallucinations. See, e.g. Fletcher v. Experian Info. Sols., Inc., 168 F.4th 231, 234 (5th Cir. 2026) (relying on the website in discussing the increasing problem of hallucinations); Parnell v. Fla. Dep’t of Corr., 181 F.4th 1209, 1212 (11th Cir. 2026) (same). Second, it is something that every lawyer should see at least once to demonstrate the very real danger of hallucinations caused by unverified GAI products. Third, it forms a reliable source by which lawyers and legal scholars can discover the kinds of hallucinations GAI has produced in legal situations so that professionals can better understand the risks of using it and inform colleagues what they should be looking for.
ETHICS & MALPRACTICE RESEARCH TIP: New Article on Legal Malpractice & Ethics
Standing Committee on Law and National Security, The Role of the Judge Advocates General and of Judge Advocates: A Primer, 16 J. Nat’l Sec. L. & Pol’y 3 (2026).
For readers with an interest in military law and justice, this is a timely paper.
A BLAST FROM THE PAST: The Study and Practice of the Law in their Relation to Society
He who is influenced by the spirit of Integrity, will never himself misrepresent or knowingly be the cause of others misrepresenting the truth in a court of justice: no prospect of advantage to himself or his client will tempt him to the commission of so gross an error.
— A Member of Lincoln’s Inn (John Raithby), The Study and Practice of the Law in their Relation to Society 344 (rpt. Portland 1806).
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 8
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We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.
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