United States · Legal Practice

US Attorney Fictitious Citation Case

Attorneys submitted court filings containing fictitious judicial decisions and citations fabricated by generative artificial intelligence, and continued to provide inaccurate materials after being challenged. The court imposed sanctions accordingly.

Court or tribunal
United States District Court for the Southern District of New York
Representative decision date
22 June 2023
Procedural status
Sanctions order against lawyers and their firm
Case number
22-cv-1461 (PKC)

01

Factual background & dispute

  • Attorneys used a chat-based tool for legal research and drafting.
  • The court filings cited non-existent judicial decisions accompanied by fabricated judicial opinions.
  • When directed by the court to verify the citations, the filers failed to conduct reliable verification.

02

Core issues & judicial focus

  1. An attorney's duty of verification when using generative artificial intelligence
  2. The professional responsibilities and procedural consequences of submitting false materials to a court

03

Judicial finding & holding

  • Two lawyers and their firm were jointly and severally sanctioned USD 5,000, rather than USD 5,000 each or compensatory damages to the airline.
  • They were ordered to send the order and specified materials to their client Roberto Mata and the judges falsely identified as authors of fabricated cases.
  • The sanctions concerned false submissions, failure to verify and subsequent misrepresentations; using an AI tool was not itself prohibited.

04

Practical risk implications

01Verify statutes, precedents, citations, and factual assertions individually against authoritative primary sources.

02Law firms should implement review protocols, citation checks, and filing approval logs for AI-generated content.

Decisions and ordersFull judgments, orders and tribunal decisions2 documents

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