Vibelawyering is not using Al to draft. It is letting Al occupy the moments where the lawyer was supposed to think.
The answer is iterative layers that regularly force human legal judgment back into the workflow - not "check the cites at the end."
@joaomviso@MikeIsaac So well put: “It is neither god, nor is it the devil,” he said. “And it’s nowhere near as good as you think it is, and it is nowhere near as bad as you think it is. And it changes every week … and it doesn’t know what day of the week it is.”
More lawyers misusing AI - 9th Circuit weighs in:
The order begins with a "warning to the members of this Court's bar: be aware of the risks of overreliance on generative AI, read everything cited in a court filing—whether drafted by generative AI or not—and disclose quickly and transparently generative AI hallucinations that are inadvertently included in court filings."
Lawyers here submitted briefs "containing hallucinated fabrications and inaccuracies."
They tried to blame "copy-paste errors" or typos.
At oral argument, they initially insisted that AI "was not used." Later, they admitted it was "possible" that AI might have been used.
Court: "The misconduct in this case did not end with the initial filing of the briefs. At every subsequent step—including a Motion to Correct, oral argument, the Response to the panel’s Order to Show Cause, and more recent filings in other cases—the attorneys knowingly or recklessly made false statements to this Court."
"While not inherently unethical or irresponsible, using generative AI without rigorously checking its output does present a higher risk of violating certain ethical and procedural rules.
This is due to the nature of mistakes that generative AI is prone to make, at least in its current stage of advancement."
"It is no excuse that Sethi entrusted substantive cite checking to subordinates, and it is no excuse that Sethi purportedly did not know his subordinates had used generative AI."
Sanctions:
-Each lawyer must pay $2,500
-Both suspended from practicing before 9th Cir. for 6 months
-Must send copy of order to all clients, opposing counsel, every presiding judge in their cases, every attorney in their firm.
-Both attorneys and all lawyers at the firm must include a statement disclosing AI use in all future filings.
-Order served on Cal Bar for further proceedings.
The community survived because the tank broke in a useful place by luck. The safe ending arrived through an unplanned crack rather than any functional safety system.
Breaking: Garden Grove Chief of Police and OC Fire Chief interrupt city council meeting to announce that all evacuation orders have been lifted and residents can return home.
Residents are raising questions whether or not it’s safe to return and long term health impacts.
This useful site (https://t.co/AgMCnTLO9Y) also has a 'best guess for right now', which is a straight line based on the public data points given this morning and assumes no increase in the rate at which the temperature is rising. (My best guess is it's not very accurate rn.)
@sbinla22022@OCFireAuthority It's a very good question that I don't know the answer to and don't want to speculate. I'm sure they have a good idea of the range. Even within that range, partial venting, pressure release & slower runway remains a possible (best) outcome. Really depends on the tank itself.
Bad news: I've always written like how Al writes.
Worse news: The em dash was my favorite punctuation, now I'm afraid to use it.
Worst news: I now edit my own writings to "sound more human."
@hoofnagle@DanLinna I was responding to the enforcement problem. Telling 1Ls that classmates’ AI use may give rise to academic misconduct creates peer-reporting incentives among that cohort. My question is whether your policy accounts for that beyond the ordinary honor code.