Lawyer faces sanctions for using AI to fabricate 22 legal citations

A federal judge is considering sanctions against an attorney who used AI to generate fictitious legal cases in court briefs for a defamation lawsuit involving former NFL punter Chris Kluwe. The case highlights growing concerns about AI misuse in legal proceedings and the responsibility attorneys bear when using artificial intelligence tools for legal research.

What happened: Attorney William J. Becker Jr., defending writer Chris Epting in a defamation suit filed by Chris Kluwe, submitted legal briefs containing non-existent case citations generated by AI.

• U.S. District Judge Fred Slaughter called the submission of fictitious cases “unacceptable” and said “there’s no excuse for this.”
• Becker apologized for the error, saying he was “fairly ashamed” and blamed the mistake on lack of resources for his nonprofit Freedom X Law.
• When asked what sanctions he deserved, Becker argued that “humiliation” alone was sufficient punishment and requested zero monetary penalties.

The scale of the problem: The AI-generated errors were extensive and systematic across Becker’s legal work.

• Daniel Sasse, Kluwe’s attorney, identified “three cases that didn’t exist at all” in Becker’s briefs.
• Sasse counted 22 examples of incorrect citations to legal precedent, indicating Becker failed to verify any of the AI-generated content.

What the judge said: Judge Slaughter emphasized the critical importance of verifying AI-generated legal research with original sources.

• The judge compared AI to “a game of telephone” and stressed that attorneys must “double check anything the tool yields with the original sources.”
• Slaughter noted he doesn’t use AI himself, saying “I rely on me” and his personal research of laws and legal books.
• When Becker requested zero monetary sanctions, Slaughter pointedly asked, “So zero is the answer?”

The underlying defamation case: The sanctions hearing occurred alongside arguments in Kluwe’s lawsuit against Epting and the Huntington Beach Union High School District.

• Kluwe, a former NFL punter and Edison High School coach, claims he was fired after criticism from Epting and others on social media following his civil disobedience arrest at a Huntington Beach City Council meeting.
• The arrest occurred when Kluwe protested a “Make America Great Again” plaque at the city library in February.
• School officials cited a civility policy that Kluwe “had never seen,” according to his attorney.

Why this matters: The case represents a growing challenge as AI tools become more prevalent in legal practice, with courts increasingly having to address the consequences of attorneys relying on unverified AI-generated content.

• Judge Slaughter noted that despite Kluwe’s “long history of activism for civil rights issues” dating back to his 2012 support for same-sex marriage legalization, Edison officials had never disciplined or fired him before this year.
• The incident underscores the need for clear professional standards governing AI use in legal practice.