Roger Plawker Discusses Misuse of AI with New Jersey Law Journal

Roger Plawker, chair of the Attorney Ethics & Professional Misconduct practice at Pashman Stein Walder Hayden P.C., was recently quoted in a New Jersey Law Journal article titled, “$10,000? Courts Juggle Penalty for Lawyers Misusing AI.” The article discusses how courts are imposing varying penalties on lawyers who submit AI-generated court filings with fake case citations, ranging from no fine to $10,000, and highlights the need for lawyers to carefully verify AI-generated content to avoid serious consequences.

At this early point in the AI revolution, a sanction is needed for lawyers whose filings contain AI-generated cases that are not accurate, to establish best practices, said Roger Plawker.

"But the degree of sanction should meet the materiality of the carelessness. Citing to cases that do not exist is a pretty big oversight, so the prospect of a meaningful fine for doing so ought to be sufficient to motivate lawyers to carefully check the cases they rely upon," Plawker said.

"Firm leaders must instill this practice in the younger associates upon whom they may be relying for case citations, but the buck stops with the lawyer who signs the brief. In meting out punishment, however, judges might bear in mind that lawyers have been misstating case holdings without consequence for decades. Still, citing to nonexistent case law is altogether different, and must be nipped in the bud," Plawker said.

To read the full article in New Jersey Law Journal, click here.