Attorney AI use
Del Biaggio v. Bansen
The court sanctioned appellate counsel for fabricated quotations in an AI-assisted brief, rejecting his plan to rely on a paralegal to verify the authorities.
$1,500 sanction; State Bar notification01
Case background
Material facts
During an attorney-fee appeal, Carlton Floyd added AI-generated material to the opening brief. He said he asked his paralegal to verify it; she understood he had already done so. The brief attributed fabricated quotations to real cases. Floyd withdrew the misstatements more than three months after opposing counsel raised them.
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The decision
The court’s ruling
The court accepted that Floyd had no intent to mislead but found his verification protocol inadequate. A lawyer needed to review the authorities personally. Under rule 8.276(a)(4), it imposed $1,500 payable to the court and required State Bar notification and client notice.
Why it matters
What the decision means
Verify the final brief against the opinions, including additions made after an earlier review. Correct discovered errors promptly.
Limit of the ruling. The published opinion found the appeal partly meritorious and denied the opponents’ sanctions request. Counsel’s misconduct remained independently sanctionable.
Primary reading