A Ceaseless Struggle: Stopping Attorneys from Citing Fake, AI-Generated Content | American Enterprise Institute– www.aei.org

Writing in May for Above the Law, Ken Crutchfield observed that “over the past year, we’ve seen a steady stream of headlines about AI hallucinations where fake cases, fabricated quotes, and misstated facts made it through a review process and into court filings.” The predicament isn’t just that GenAI tools invent non-existent cases that some short-cut-taking attorneys cite without verifying; it’s that the tools also produce difficult-to-discover false claims and quotations that masquerade as truth in pleadings and motions. Indeed, the US Court of Appeals for the Fifth Circuit explained in February that the “problem now often manifests as false quotes or statements of law attributed to real cases, rather than the more easily recognizable fake cases.”