In Miller v. Regions Bank, the U.S. District Court for the Northern District of Alabama imposed significant sanctions on an attorney who submitted court filings containing fabricated legal quotations and then deleted evidence related to his use of generative AI during the court’s subsequent investigation. The court emphasized that the issue was not the use of AI itself, but the attorney’s failure to verify legal authorities, lack of candor with the court, and destruction of evidence after being ordered to produce records relating to his AI use.
The court found that several quotations cited in the attorney’s brief did not exist in the cited cases and concluded that the attorney violated Rule 11 by presenting legal contentions that were not supported by existing law. After the court ordered production of the attorney’s ChatGPT history, the attorney deleted his account and took additional steps that prevented access to the requested information. The court determined that this conduct constituted bad-faith spoliation of evidence and civil contempt, drawing an adverse inference that the deleted records would have shown the fabricated quotations were generated by ChatGPT.
Beyond addressing the inaccurate citations, the court focused heavily on the attorney’s efforts to conceal evidence and obstruct the sanctions inquiry. The decision underscores that while attorneys may use AI tools responsibly, they remain personally responsible for verifying legal authorities, complying with court orders, preserving relevant evidence, and maintaining candor with the tribunal. As courts continue to confront AI-related issues in litigation, this case serves as a significant reminder that failures in oversight and transparency may result in sanctions that extend well beyond the initial misuse of technology.
Reach out to Chris Puente, Director of Operations at CODISCOVR. With more than 25 years of big law experience, Chris leads our eDiscovery delivery team and partners closely with legal teams and clients to develop defensible discovery strategies, implement best-practice workflows and quality controls, and manage complex matters across the full EDRM, from preservation and collection through review and production.
