In Withers v. City of Aberdeen, the Northern District of Mississippi imposed sanctions on all four attorneys of record after discovering that three briefs filed in the case contained hallucinated case citations generated through unverified AI use. The issue arose after the court, unable to locate several authorities cited in summary judgment and fee-related briefing, issued an order to show cause directing counsel to explain why sanctions should not be imposed. The court found that counsel relied on artificial intelligence tools to conduct legal research and draft filings without independently verifying the cited authorities, resulting in multiple nonexistent cases being presented to the court. Emphasizing that Rule 11 requires attorneys to conduct a reasonable inquiry into the law before filing, the court made clear that professional responsibility cannot be delegated to AI tools.
At the ensuing hearing, the two attorneys who had drafted the briefs admitted that they had used AI tools in preparing the filings—one to conduct legal research and the other to generate a draft brief—and that neither had verified the authorities produced before filing. Local counsel for each side likewise acknowledged that they had signed or permitted their signatures to appear on the briefs without meaningfully reviewing the cited authorities. Framing the matter as yet another example of courts confronting “AI hallucinations in court filings,” the court emphasized that while AI may be a useful drafting aid, “sincerity, truth, [and] responsibility” remain the lawyer’s obligation, and Rule 11’s duty of reasonable inquiry “cannot be outsourced to technology or delegated to co-counsel.”
As a result, the court revoked the pro hac vice admissions of the lead attorneys, barred them from appearing before the Northern District of Mississippi for two years, imposed monetary sanctions, and referred the matter to the applicable state bar authorities. Local counsel were also disqualified from the case and sanctioned. The decision serves as a strong reminder that while AI may improve efficiency, attorneys remain fully responsible for verifying legal authorities, ensuring the accuracy of filings, and maintaining professional competence.
Reach out to Caitlin Oyler, Counsel at CODISCOVR. Caitlin has over a decade of experience providing high-level advice to clients regarding all phases of the eDiscovery life cycle and managing high-profile document collections, reviews, and productions.
