In McCarthy v. DEA, the Third Circuit issued a precedential opinion reprimanding an attorney for submitting briefs that relied on unverified, AI-generated legal research provided by his client, which included inaccurate case descriptions and even a nonexistent citation (AI hallucination). The court underscored that, as an officer of the court, an attorney bears full responsibility for the accuracy and reliability of all submitted filings, regardless of whether AI tools are used in the drafting process. In this case, the attorney not only failed to independently verify the authority before filing but also did not promptly correct the errors after they were raised by opposing counsel, ultimately undermining his credibility with the court and falling short of his duty of competence.

While the court declined to impose more severe sanctions, noting the evolving nature of AI use in legal practice and the lack of prior explicit guidance, it made clear that this decision serves as an important warning. The opinion signals that courts are beginning to more directly address the risks associated with AI-assisted legal work and are reinforcing that existing professional obligations fully apply in this context. As AI becomes more embedded in legal and eDiscovery workflows, this case highlights the growing importance of defensibility, transparency, and human oversight. Technology may enhance efficiency, but it does not replace attorney judgment, ensuring the accuracy of legal authorities, validating sources, and maintaining the integrity of submissions remain fundamental responsibilities that cannot be delegated.

Reach out to Christopher 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.