A federal judge has declined to impose sanctions on an attorney who submitted a brief that contained incorrect case citations and quotes generated by artificial intelligence.
U.S. District Judge Thomas Cullen said that attorney Thomas Guyer “owned the mistake” and “took sole responsibility,” according to a transcript of an October 2024 hearing.
Judge Cullen acknowledged that the use of generative AI in the legal profession was becoming the “new normal,” but stressed that attorneys who use it “must still adhere to basic tenants of conduct,” which includes “taking reasonable measures” to ensure filings are accurate.
“Mr. Guyer, who is an excellent lawyer, who has been practicing law for a very long time at a high level in courts across the United States, made a mistake,” Judge Cullen said. The judge also stated that what occurred demonstrated “one of the downfalls of generative AI.”
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The judge determined that Guyer’s actions were not intentional, citing the attorney’s “unblemished record.” He also credited Guyer for pointing out mistakes that were missed both by the court and opposing counsel.
Guyer’s attorney, Denis Quinn, agreed, saying that his client was “incredibly remorseful” for the mistake and that his regret over the incident would ensure “that he doesn’t do that again.”
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The filing in question was related to a case in which Guyer’s client Karen Iovino claimed she faced retaliation from employer Michael Stapleton Associates, and “was fired for reporting alleged issues about MSA’s contract with the State Department to that agency’s Office of Inspector General.”
In an August filing, Guyer denied citing “’fictitious’ cases,” and said that the cases did in fact exist, but that they were misquoted and miscited by generative AI.
“GPTs generate excellent to brilliant legal arguments,” Guyer wrote in a separate declaration, saying that the errors were generated by Atrophic Inc.’s Claude 3 Opus, which is one of several AI tools Guyer says he uses.
“I utilize a suite of generative AI technologies for legal research and writing purposes, and GPT legal document briefing,” Guyer said.
The Virginia state bar opened an investigation of the matter and Guyer, who is licensed in Oregon, reported himself to the Oregon bar. Judge Cullen says he is hopeful that his opinion will help inform the probes, however, there have yet to be any developments from either bar association.
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