Extract from Riley Brennan’s article “‘Figuring Out How to Deal With This’: How Are Courts Grappling With Disciplining AI Hallucinations?”
Courts nationwide remain uncertain about how aggressively to pursue formal discipline for attorneys using “hallucinations” generated from artificial intelligence tools, even as attorneys continue to face sanctions for filing briefs with fabricated or misstated citations.
Some judges have issued sharp reprimands, while others are still weighing how to balance accountability with evolving technology and modern practice. Within the past several months, various state and federal courts have differed in utilizing the formal disciplinary process.
Michael W. Ott, a partner at Ice Miller in Chicago, said some courts appear hesitant to take formal disciplinary action, given the quickly evolving technological landscape.
“I think courts are still figuring out how to deal with this, with the specific facts, the cases in front of them. I really think, at the end of the day, this isn’t a new phenomenon.
