Appellate Insights

AI can draft a plausible-sounding legal brief in minutes.  It can also invent authorities in seconds.  As AI tools become entrenched in legal practice, lawyers must remember that courts hold humans, not algorithms, responsible for what appears in a filed brief.

• Sanctions risk:  We’ve all read the stories by now.  Courts are increasingly sanctioning lawyers for citing AI-fabricated cases or attributing fabricated quotations to real cases.  Don’t become the next cautionary tale.

• Confidentiality concerns:  Before uploading briefs, transcripts, or other client materials into a public AI platform, lawyers should understand how the information will be stored and used.  Never violate client confidences by uploading privileged information.

• Lost credibility:  Appellate judges depend on lawyers to accurately characterize the law and the record.  An inaccurate AI-generated citation will seriously damage an advocate’s credibility, and the filing firm’s as well.

► The practical message:  AI is a powerful tool, but it is no substitute for professional judgment.  Treat it like an eager junior associate: helpful but always closely supervised.