The Docket - August 2025 | Page 23

3. Citations That Don’ t Check Out
The most common red flag is a citation to a non-existent case. AI can fabricate decisions that look plausible— complete with invented party names, docket numbers, and jurisdictions— but cannot be verified in Westlaw, Lexis, or court databases. These fakes may appear to align perfectly with the legal proposition at issue, but upon investigation, they don’ t exist.
4. Over-precision with Inaccuracy
AI often assigns pinpoint citations( e. g.,“ Smith v. Jones, 524 F. 3d 101, 104( 11th Cir. 2015)”) that appear exact but are incorrect. If a case seems too perfect, it warrants verification.
5. Inconsistent Authority Hierarchy
A document may cite district court opinions for propositions where binding appellate precedent exists. AI, lacking understanding of jurisdictional weight, can prioritize available content over authoritative sources.
How to Reduce Hallucinations
• Ask factual questions rather than open-ended prompts
• Use AI tools that are connected to databases( e. g., Westlaw’ s AI tools)
• Cross-reference with reliable resources before relying on any output
• Set clear boundaries for AI use( e. g., use AI for brainstorming only and do not input sensitive, confidential, or attorney-client information)
AI serves a valuable purpose in legal research, with important limitations. AI can augment( but not replace) legal research by enhancing speed, efficiency, and accessibility. It excels at“ creative thinking” in early drafting stages, but its conclusions need validation. The biggest danger is hallucinations, which can lead to sanctions and ethics violations. Ultimately, while a powerful tool, AI is not a substitute for verified legal databases, human legal judgment, and ethical responsibility. It can be a good starting point for exploring generic concepts, but it must always be verified with trusted resources.
This is a hot topic in the legal field. Mark your calendars for the May 8, 2026, Bench Bar Conference at the St. Regis Longboat Key Resort. Join members of the bench and bar for a full day of engaging panels, networking, and timely legal discussions – including a featured session on the rise of artificial intelligence in the legal profession. Hope to see you there! �

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