Cite Checking to Find Hallucinated Cases Deemed Insufficient

Cite Checking to Find Hallucinated Cases Deemed Insufficient by Michael D. Berman, E-Discovery LLC.
Image: Holley Robinson, EDRM.

[EDRM Editor’s Note: The opinions and positions are those of Michael D. Berman.]

“[S]o that the clear does not become cloudy, we state the obvious: Using generative artificial intelligence to generate legal briefs and then simply cite-checking them bears no resemblance to the competent practice of law….When lawyers trade reflection for automation, they surrender the very quality that makes their words worthy of belief. Although cite checking is, of course, an important part of producing reliable, competent briefs, it is not the type of work that requires a law degree. Law is a profession….”  Williams v. Honl, 348 Or. App. 505 (Apr. 22, 2026)(cleaned up; citation and quotations omitted; emphasis added).

When lawyers trade reflection for automation, they surrender the very quality that makes their words worthy of belief.

Williams v. Honl, 348 Or. App. 505 (Apr. 22, 2026).

However, in Dec v. Mullin, __ F. 4th __, 2026 WL 861530, at *5 (7th Cir. Mar. 30, 2026), the court wrote that “our concern lies with trained lawyers failing to check the accuracy of legal citations and quotations in their filings. We remind counsel that this is easier now than ever. Entire briefs can be submitted to Westlaw or LexisNexis to check citations.” (emphasis added).

Assisted by GAI and LLM Technologies per EDRM’s GAI and LLM Policy.

Author

  • Michael Berman

    Michael Berman is a practicing lawyer and an adjunct faculty member at the University of Baltimore School of Law.  He has published extensively, including as the editor-in-chief and a contributing author in “Electronically Stored Information in Maryland Courts” (Maryland State Bar Ass’n. 2020), co-editing two American Bar Association books on electronic discovery, as well as co-authoring law review and other articles regarding electronically stored information (“ESI”).  He has presented widely in venues ranging from local to National events and served as a Court Appointed ESI Discovery Supervisor for ESI Protocol.

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