Fabricated case citations are the best-known failure of generative AI in legal practice. News reports in recent years have described courts sanctioning lawyers who filed briefs containing cases that did not exist, produced by chatbots that sounded entirely confident. The details of each matter differ, but the lesson is consistent: the person who signs the document owns every citation in it.
You do not have to avoid AI to avoid that outcome. You need a verification workflow that every person follows every time.
Why It Happens
Generative AI predicts plausible text. It does not look up cases in a database unless it is specifically connected to one. When asked for authority, a general-purpose tool may produce a realistic-looking case name, citation and holding that has no counterpart in reality. Even tools linked to legal databases can misstate a holding or cite a case for a proposition it does not support.
ABA Formal Opinion 512, issued in July 2024, discusses lawyers' duties of competence and candor in using generative AI, including the need to review and verify outputs. Check whether your jurisdiction or your judges have added requirements, since some courts have issued standing orders on AI use.
A Five-Step Verification Workflow
Step 1: Treat AI output as an unverified draft
Mark AI-assisted text internally so reviewers know it needs a closer look. Never paste AI-generated authority directly into a filing.
Step 2: Confirm each case exists
For every citation, locate the case in a reliable legal research database. Search by the reporter citation, and confirm the case name, court and year match.
Step 3: Read the case
Existence is not enough. Open the opinion and confirm that it says what the draft claims.
- Find the passage supporting the proposition.
- Check that quotations are exact, including punctuation.
- Confirm the case is relevant to the jurisdiction and posture.
Step 4: Check subsequent history
Use a citator to confirm the case has not been overruled, reversed or criticized in ways that matter.
Step 5: Document the check
Keep a short record, such as an initialed cite-check table in the file. If a question arises, you can show your work.
Beyond Cases: Verify Everything Else
Fabrication is not limited to cases. Verify:
- Statutes and regulations, including section numbers and current text
- Quotes attributed to people or documents
- Dates, figures and factual assertions
- Procedural rules and deadlines
- Summaries of depositions or contracts, against the source documents
Assign Responsibility Clearly
Model Rules 5.1 and 5.3 address supervision. Policies should state that:
- The signing attorney is responsible for the filing, regardless of who or what drafted it.
- Junior lawyers and staff must disclose when AI contributed to a draft.
- Partners review citations in proportion to the stakes.
- No one files anything with unchecked authority, whatever the time pressure.
Build Friction on Purpose
Time pressure is how errors slip through. Add small gates:
- A cite-check box on the filing checklist
- A required second reviewer for AI-assisted briefs
- A rule that authority first suggested by AI must be found independently in a database
Choose Tools Carefully
Legal-specific research platforms that tie answers to a citable source reduce, but do not eliminate, the risk. Ask vendors how they ground responses and how users can trace each statement to its source. Do not rely on marketing claims about accuracy. Test the tool on matters where you already know the answer.
What to Do If an Error Slips Through
- Correct it promptly, and consider whether the tribunal must be informed. Model Rule 3.3 addresses candor to the tribunal; consult your ethics counsel.
- Review how it happened and adjust the workflow.
- Notify the client as appropriate.
- Check your malpractice carrier's reporting requirements.
Train With Examples
Show your team how convincing fabricated citations look. Use a harmless example, such as asking a tool about a made-up topic and watching it respond with fluent nonsense. The exercise is memorable.
Counsel Cyber helps law firms set up approved AI tools with sensible controls and write the policies that go with them. If you are formalizing your firm's AI workflow, we are happy to help.