Aggressive criminal defense and results-driven judgment collections. Licensed in TN. Counties served include Bradley, Polk, McMinn, and Monroe. (423)-464-6596.
One of the recurring mistakes in technology policy is to assume that every new tool requires a new body of law. But a recent Nebraska amicus brief gets it exactly right. In a case involving hallucinated case citations in court filings, the Nebraska AG and SG argue against AI-specific ethics or certification rules.
I agree that the better view is that the existing rules of professional conduct already do the work. Lawyers have long owed duties of competence and diligence. If a lawyer files fabricated authority—whether because of sloppiness, copy-paste errors, or blind reliance on an LLM—the problem doesn't have much to do with AI. It's that the lawyer has violated ordinary professional obligations.
Nebraska's DOJ deserves credit for taking the right approach here. There is always temptation to grandstand about AI, to stoke fear, or to pile on special disclosure and certification requirements that make practice more cumbersome while adding little of substance. But rules aimed specifically at “AI misuse” often just duplicate duties lawyers already have, while increasing complexity, compliance costs, and the risk that useful innovation gets chilled.
That is a healthy model for legal adaptation to new technology: enforce general principles faithfully, resist bespoke panic, and add new law only when old law truly fails.
(Note that the Fourth Circuit’s recent public admonishment points in the same direction, In re Erich Chibueze Nwaubani. The court sanctioned a lawyer who cited nonexistent cases, applying the rules already on the books to do so.)
Thanks to Eric Goldman for flagging the Fourth Circuit case, and to Zachary Pohlman for sharing his brief to the Nebraska Supreme Court. He's #3 on the brief, which, for the benefit of my law students, means he did A LOT of the heavy lifting on this!
#LegalEthics #AI #TechnologyPolicy
While my firm is capable of handling the most serious criminal defense matters in southeast Tennessee, we also have a significant traffic ticket practice. Call or text us at (423) 464-6596 to discuss retaining our traffic defense services throughout southeast Tennessee.
Today I served clients in Monroe County Criminal Court (in addition to Bradley County General Sessions, Bradley County Criminal, and Benton Municipal).
I spent most of the morning in Bradley County Juvenile Court, arguing core constitutional and evidentiary issues affecting parental rights and due process.
Being a lawyer is all fun and games until someone you have not seen since middle school expects you to know a specific area of the law you do not practice in.
Like sorry John, I can barely remember what I had for breakfast much less answer a question about secured transactions.
Actual sentence just uttered by a sitting Judge: “it’s disturbing that somehow you have surreptitiously gotten information concerning this Courts ex parte communication with a party.” Read that again.
I haven’t been following this case day-by-day, but one gets the sense that the wheels have been slowly coming off. Until today, when they came completely and spectacularly off. I’ve never seen anything like this in 25+ years of practicing law. It’s stunning.
Fulton County, man.
Find yourself a spouse who will file a criminal appeal for you after you’re sent to jail with your client after calling out an ex-parte meeting between the court and the state.