#LegalEthics Tidbit: Would you rather have the Court think you misused #AI or that you are just really bad at legal research? A CO lawyer submitted an amended complaint with four fabricated case citations and two instances in which she ... (cont.) #lawsky #law www.linkedin.com/posts/davidk...

#LegalEthics Tidbit: Can my former corporate counsel be adverse to me in a corporate finance matter that arose while it was representing me? A TX oil company employed Firm A for “corporate, capital markets and finance” advice from 2014 to 2023. During this...(cont.) lnkd.in/exJ7rsN8 #law #lawsky

#LegalEthics Tidbit: If opposing counsel notices that I used #AI to hallucinate evidence, can I just amend my filings and avoid telling the Court? Defense counsel in a NY product liability case filed a motion to exclude an expert. The ... (cont.) #law #lawsky www.linkedin.com/posts/davidk...

#LegalEthics Tidbit: Can I get disciplined for criminal misconduct even though the President pardoned me? A SC lawyer criminally stormed the U.S. Capitol on Jan. 6, 2021 and was arrested for disorderly conduct and other federal misdemeanors. ... (cont.) lnkd.in/egJaAY-x #law #lawsky

#LegalEthics Tidbit: Will the judge notice if I use #ArtificialIntelligence to tweak the deposition transcripts? A MS lawyer filed a client declaration opposing summary judgment, which contained “fabricated quotations [and] manufactured ... (cont.) #lawsky #law www.linkedin.com/posts/davidk...

#LegalEthics Tidbit: Can I represent a County Commissioner in an individual capacity while suing him in an official capacity? In 2023, a MI lawyer initiated a First Amendment suit against the Ottawa County Commission on behalf of a reverend who ... (cont.) lnkd.in/e6CcHd2q #lawsky #law

Westlaw: But wait, just hear us out, what if we added TWO NEW SCREENS to the login process???

Happy #Caturday from Derry Girl, who draws the line at 18 degrees F and is staying inside today. #cats #tortie #CatsofBluesky

#LegalEthics Tidbit: Should I be disqualified if the opposing party once told me his litigation goals? A CT husband already had a lawyer for his divorce but frequently sought “second opinions,” consulting with between 30-50 lawyers over the course of four ... (cont.) lnkd.in/egA5_wcM #lawsky #law

#LegalEthics Tidbit: Should I use #AI to record my conversations with clients? NYC Bar Ethics Opinion 2025-6 addresses the ethical issues affecting the use of #artificialintelligence to record, transcribe, and summarize conversations with clients. Among ... (cont.) lnkd.in/esXtch22 #lawsky #law

#LegalEthics Tidbit: Are #AI Hallucinations “Knowingly” False? A NV attorney included 5 false citations, generated by #artificialintelligence, in a pleading filed with the court. The attorney “claimed that he did not know that the ... (cont.) www.linkedin.com/posts/davidk... #law #lawsky

#LegalEthics Tidbit: If I dare the court to disbar me, will I necessarily get disbarred? A MA part time lawyer became “obsessed” with his only case and client, a personal injury matter that under his stewardship blossomed into five lawsuits and eight... (cont.) lnkd.in/enPwPw4K #law #lawsky

Spot Pond, Stoneham MA (really cold today)

#LegalEthics Tidbit: Ok, so I misquoted some cases. Can we leave my big law firm out of it? A GA lawyer from a large law firm included a bunch of inaccurate citations and quotations in a motion to dismiss. The lawyer argued, and the Magistrate judge ... (cont.) lnkd.in/eyhdBNrG #lawsky #law

#LegalEthics Tidbit: Is an expert required to prove a lack of competence? A DC attorney was suspended six months for a lack of diligence and competence (and other violations) in several matters. The misconduct included failing to respond to ... (cont.) lnkd.in/eneMt4E7 #lawsky #Law

#LegalEthics Tidbit: Is my SuperGrok chatlog “newly discovered evidence”? A pro se NJ plaintiff, whose complaint over his student loans was dismissed in 2019, moved for relief from judgment in 2025 based in part on “newly discovered ... (cont.) www.linkedin.com/posts/davidk... #lawsky #law #ai

#LegalEthics Tidbit: If my very smart and experienced client suspects that the court staff is conspiring against him, can I just allege it without investigating? A KY lawyer represented a father (who also was a lawyer) in a custody dispute. She filed a ... (cont.) lnkd.in/eTuNqeqe #lawsky #law

Peabody Essex Museum

My favorite paintings in the permanent collection of the Peabody Essex Museum in Salem - a history of the 1680 Pueblo Revolt in comic book style

#LegalEthics Tidbit: If my legal assistant quits, can I keep using her witness signature on wills? A WI attorney employed a legal assistant who often acted as witness to documents prepared by the attorney, such as wills. The legal assistant quit in 2007 ... (cont.) lnkd.in/gWk_rxDG #law

#LegalEthics Tidbit: Are there any lawyers left who are credibly ignorant of the pitfalls of #AI? A PA lawyer filed a brief that included inaccurate citations and quotations, including an inaccurate quotation from an earlier opinion in the same ... (cont.) www.linkedin.com/posts/davidk... #law

New Bedford, MA

Happy #Caturday from Derry Girl, who is guarding the Christmas tree water. #Cats #Tortie #CatsofBlueSky

My favorite room at the @worcesterartmuseum.bsky.social Dozens of interpretations of Edward Hicks’ Peaceable Kingdom by artists from around the world.

#LegalEthics Tidbit #Christmas edition: If a court orders me not to bother the opposing party, can I send a bunch of people to his house at Christmas anyway? In a VA divorce case, a court issued a preliminary order giving the husband exclusive possession of... (cont.) lnkd.in/e6yDHbtG #lawsky #law

#MerryChristmas from Derry Girl. #cats #catsofbluesky #tortie

#LegalEthics Tidbit #Christmas edition: Should I notice a deposition for Christmas day? During early COVID when in-person depositions were not allowed in NV, a lawyer intentionally noticed an in-person deposition for Christmas Day, presumably to show ... (cont.) lnkd.in/eQc2uzB5 #lawsky #law

#MerryChristmas from Derry Girl, who is outside braving the flurries and cold because some sticks just have to be scratched. #Cats #CatsofBluesky #tortie

#LegalEthics Tidbit #Christmas Edition: If I mention Santa Claus during my closing argument, am I playing to the religious passions of the jury? During closing arguments in a NE murder trial, while describing the defendant’s testimony, the prosecutor used ... (cont.) lnkd.in/eGRJCvtc #law

#LegalEthics Tidbit #Christmas edition: Is lying to my kids about Santa Claus an ethical violation? A CT lawyer added some fake stuff to his resume and submitted it to a state agency as part of a job application. He was later charged with engaging in ... (cont.) lnkd.in/e3g3KfrT #law #lawksy

Reposting with the picture of Lucy and Ricky looking for their home. Please share to help them find it! #LucyandRicky #ForeverHomeNeeded #Rescue #wobblycats #Connecticut #NewYork #kittens #cats

#LegalEthics #Chistmas edition: Can I forge a court order as a Christmas present to my clients? A MD lawyer was retained by a married couple to formalize the husband’s adoption of the wife’s daughters from a prior marriage. He falsely told the couple he had filed... (cont. lnkd.in/erJaB7kj #law

One interesting footnote: this is at least the second case I've seen where the courts have also inferred an obligation of the OTHER SIDE to police for fictional cites in their opponents' filings. No penalty for them here for not, but in at least one other case fee recovery was reduced.

Happy Hanukkah from Derry Girl #Caturday #Cats #CatsofBlueSky #Tortie

The quarterly Board of Bar Overseers Newsletter (which I co-edit) is out: lnkd.in/esTHMhB7 The photo was taken from my office. IN THIS ISSUE: 2nd Ed. of the BBO Treatise OBC FY2025 Annual Report Social Media & Online Marketing SJC Revises Rule 3:03 ABA Formal Opinion 518 & more #Legalethics

#LegalEthics Tidbit: If ChatGPT assures me it didn’t hallucinate any citations, do I still have to check the cases myself? An AZ lawyer submitted a brief with nine citation deficiencies, all caused by his use of #ChatGPT #AI. The ... (cont.) www.linkedin.com/posts/davidk... #Law #lawsky

#LegalEthics Tidbit: Does defense counsel have a duty to correct the prosecutor’s discriminatory peremptory challenges? During jury selection in a NY criminal case, the prosecutor exercised peremptory challenges in a discriminatory fashion against multiple African ... (cont.) lnkd.in/e4rdbwT6 #law

I'm excited to announce that the MA BBO has launched a new online database of disciplinary decisions. Unlike the prior database, this one is searchable, sortable & goes all the way back to the 1970's. Don't ask me for search help because I have to learn it too. decisions.massbbo.org/massbbo/en/n...

#LegalEthics Tidbit: Can #AI “overviews” be legal authority, even if court doesn’t find they are wrong? An unsuccessful Kansas City mayoral candidate brought pro se claims against the city arising from his arrest for trespassing (as part of a stunt to ... (cont.) lnkd.in/egU6jvQH #lawsky #law

#LegalEthics Tidbit: Can I sneak out of the virtual break-out room during a hearing to attend another remote hearing in a different court? A MN lawyer appearing remotely before the Mille Lacs Band of Ojibwe Tribal Court showed up seven minutes late to a ... (cont.) lnkd.in/ep-5Nqbe #lawsky #law

#LegalEthics Tibit: If a lawyer and former client don’t remember or recognize each other, is it still a conflict of interest for them to be adverse? An OH lawyer represented a defendant in a murder trial. The lawyer had represented an adverse witness in the case ... (cont.) lnkd.in/eSX_RSZn #law

#LegalEthics Tidbits: If I want to substitute my hallucinated #AI citations with valid ones, is that a permissible "do-over" or an improper surreply? In a litigation in D. KS, the defendant moved to disqualify the plaintiff’s expert, and plaintiff’s counsel opposed...(cont.) lnkd.in/eHgsRptr #law

Sorry, Derry. They just aren't that scared of you. #cats #catsofbluesky #tortie

#LegalEthics Tidbit: If I think a lawyer says something stupid online, can I post that someone else must have taken the bar exam for him? In the context of an online argument over local zoning politics, a MA man responded to a MA lawyer by stating: www.linkedin.com/posts/davidk... #law

#LegalEthics Tidbit: Am I disqualified if my firm is merging with a firm that represents the opposing party’s corporate affiliate? An AL plaintiff sued a corporation for discriminatory termination. After the litigation commenced, the plaintiff’s counsel’s firm merged with another ... (cont.) #Law

#LegalEthics Tidbit: Is defense counsel conflicted if it hides the murder weapon in the firm safe for three years? A CO criminal defendant was charged with a stabbing death and hired a law firm to represent him. A firm investigator retrieved a knife from the ...(cont.) lnkd.in/ec_ncwBH #lawsky #law

#LegalEthics Tidbit: Can I delegate my pro bono cases to #AI? A FL lawyer submitted an appellate brief that “misrepresent[ed] the holdings of opinions no less than 9 times, quote[d] language from opinions that does not appear in the opinion 10 times, ... (cont.) lnkd.in/efXHWGj9 #lawsky #law

Happy #Caturday from Derry Girl, who is helping us keep an eye on the neighborhood Cooper's Hawk. #cats #tortie #catsofbluesky

#LegalEthics Tidbit: Should our stipulated protective order prohibit the use of discovery to train #AI? In a litigation in CA involving TikTok privacy policies, the parties stipulated to a protective order with a “Generative Artificial Intelligence” ... (cont.) #lawsky #law lnkd.in/exTNvBku)

"The plaintiffs’ persistence has led to a 'dramatic shift' in how the MBTA operates, says Taramattie Doucette, a lawyer with Greater Boston Legal Services who has worked on the case since the late 1990s." www.wgbh.org/news/local/2...