From California Court of Appeal Justice Judith McConnell, writing for the court Thursday in People v. Alvarez; the lawyer involved has been licensed in California for 54 years:
[A filing in this case] included a quotation attributed to In re Benoit (1973) 10 Cal.3d 72, 87–88, but the purported quote did not exist in the case. Attorney Siddell later clarified that it was not a direct quotation because he modified it "to incorporate broader principles."
The opposition also included a citation to a case that does not exist: People v. Robinson (2009) 172 Cal.App.4th 452. Counsel additionally cited two cases that do not address the issues for which they were cited: People v. Jones (2001) 25 Cal.4th 98 and People v. Williams (1999) 77 Cal.App.4th 436….
At [a] hearing [after the matter was discovered], Attorney Siddell apologized for failing to verify the legal citations and sources included in his motion and explained that this failure resulted from feeling rushed. He reported he had taken courses regarding artificial intelligence (AI) and was aware that AI could hallucinate cases, but he did not verify the accuracy of any citations. He explained he relies on staff to help draft motions and briefs, but he recognized it is his responsibility to check the caselaw before submitting documents to the court. He said in the future he would "trust but verify" research provided through the use of AI….
The Second Appellate District recently published Noland v. Land of the Free, L.P., discussing the impact of the improper use of AI. We agree with our colleagues that "there is nothing inherently wrong with an attorney appropriately using AI in a law practice," but attorneys must check every citation to make sure the case exists and the citations are correct….
The conduct here is not as egregious as what occurred in Noland. But it is particularly disturbing because it involves the rights of a criminal defendant, who is entitled to due process and representation by competent counsel. Courts are obligated to ensure these rights are protected.
