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Case Insights

• Despite judicial warnings and sanctions dating back to 2023 in Mata v. Avianca, attorneys continue submitting AI-generated documents with fabricated citations to courts nationwide
• Recent cases show AI misinformation has spread beyond legal briefs to expert testimony, with even state Attorney General offices falling victim to hallucinated citations
• California's adoption of new AI rules for judges and court staff signals an urgent need for comprehensive AI compliance training across the legal profession

By Samuel Lopez – USA Herald

The legal profession finds itself at a critical juncture as mounting cases of AI-generated hallucinations continue to plague courtrooms across the nation, despite clear judicial precedents and escalating sanctions. What began as isolated incidents of technological mishaps has evolved into a systemic crisis threatening the integrity of legal proceedings and the credibility of practitioners nationwide.

The Persistent Pattern of AI Negligence

The landmark case of Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 466 (S.D.N.Y. 2023), served as what many hoped would be a definitive wake-up call for the legal profession. The court's sanctioning of an attorney for submitting fake, AI-generated legal citations should have been the shot heard round the legal world. Yet, despite widespread publication and commentary, the pattern continues with disturbing regularity.

Recent cases demonstrate that the problem has not only persisted but expanded in scope. In Park v. Kim, 91 F.4th 610, 614–16 (2d Cir. 2023), another attorney faced potential disciplinary action for including fabricated AI-generated citations. The Missouri Court of Appeals went further in Kruse v. Karlan, 692 S.W.3d 43, 53 (Mo. Ct. App. 2024), dismissing an entire appeal due to multiple fake citations generated by artificial intelligence.

Expert Testimony Under Fire

Perhaps most alarming is the migration of AI hallucinations from legal briefs to expert evidence. The recent case of Kohls v. Ellison, 2025 U.S. Dist. LEXIS 4928 (D. Minn. Jan. 25, 2025), involved the Minnesota Attorney General's office submitting expert testimony containing fabricated citations. Despite the Attorney General's sincere apology and assertion that the office had no knowledge of the fake citations, the incident underscores how even experienced legal institutions can fall victim to AI-generated misinformation.

Similarly, In re Matter of Weber, 2024 NY Slip Op 24258 (N.Y. Surrogates Ct. Oct. 10, 2024), demonstrates that expert reports and affidavits are increasingly contaminated with AI-generated false information, creating a crisis of credibility that extends far beyond individual practitioners.