Compare the burden of doing something the old fashioned way with the expected cost of forcing the firm's head of the bankruptcy practice to grovel before the court if you screw something up that he signed. Seems like an easy call to me.
/4

And yes, dear associates, I know you are under enormous time pressure and GenAI tools seem like a way to manage your workload effectively, but as a Torts teacher I'll just say . . . B<PL.
/3

To be clear, one of the principles emerging from the AI hallucinations sanctions cases is that the ONLY appropriate response to having filed something containing hallucinated citations is this kind of abject apology. But you, soon-to-be associates, do not want to be the cause of it.
/2

Dear associates starting jobs at big law firms soon: At the risk of being Captain Obvious, if your mistake causes an extremely powerful partner at your firm to have to write this kind of abject apology to a court, you will rue the day you were born:
www.law360.com/articles/246...
/1

I'm there for the cabeza tacos!

Recalibrating the standard of care may require serious sanctions, like striking pleadings or dismissal. /4

I can say this until I'm blue in the face, but I bet lawyers are now going to argue it's not objectively unreasonable to submit filings with fake citations. /3

It's a subtle point, and hard to get students to grasp at first, but objective standards aren't determined by majority rules. Even if every firm screws something up it still may be objectively unreasonable. /2

I'm seriously worried that the argument of every lawyer facing a show cause order for fake AI citations is going to be "even S&C did it - it's standard of care now." Defining deviance down. /1

Thanks, James - that's incredibly kind! I try to do all of those things, so I'm glad it comes through in the writing.

Thanks, Beau! The PR/rules issues aren't super complicated on their own, but the Liptak case would be marginal. I'm pretty confident in the analysis of 8.4(d) and (f). As for the 1st Amendment here, we're entering territory not fully mapped.

Bat signal received:

I'll be on the lookout. I'm on here pretty regularly.

That's exactly the question. The Court has created a new puzzle (one we didn't need) of how to analyze rules of professional conduct under its speech-is-speech approach.

I'm Protestant, so this kind of isn't my fight, but imagine the world-historical level of narcissism it would take to believe that 121 cardinals gathered in the Sistine Chapel to elect a new Pope gave you even a moment's thought.

Yeah, and he really helped Viktor Orban by campaigning for him.

Jeff Clark tried it too. District court said nope, it's untimely. D.C. Circuit affirmed: 23-7073-2064293.pdf share.google/kK0uTpLJuv3h...

Some Questions for the Attorney General Nominee Shoot, I was planning to get some work done today, but Trump had to go ahead and allow Attorney General Pam Bondi to retire from government service and take up “a much needed and important new job in ...

Now that Pam Bondi has joined Kristi Noem under the Trump bus, it's time for the Senate to step up and take its advice and consent function seriously. Here are some questions the Judiciary Committee can, and should, get answers to.

Vamos, Spurs, vamos!

Spurs fan Aidan Sterling wore a shirt stating "Crazy Hispanic Fan" to Saturday's game, in response to a disparaging video that went viral.

From @theathletic.com: During a recent San Antonio Spurs game, a video of a woman in the crowd sending a message disparaging Hispanic fans went viral. On Saturday, the fans responded. nyti.ms/3NBzH5a

RIP one of the greats from my hometown of San Antonio, Augie Meyers, whose distinctive conjunto organ playing was essential to the Sir Douglas Quintet and the Texas Tornados. Not for nothing is "Hey Baby, Que Paso?" considered the unofficial anthem of San Antonio.

ICE Lawyer Who Told Judge She Was Overwhelmed Seeks New Role: Lawmaker

If Julie Le thought her job as temporary AUSA sucked, she's going to love being in Congress.

Exclusive | Trump Ordered Justice Department Reversal on Law Firm Sanctions “I never signed off on that,” the president told aides in the Oval Office, expressing displeasure with Justice Department leadership.

This is what happens when you have an Attorney General who talks about "zealous advocacy" and forgets about the "within the bounds of the law" part. Total collapse of the distinction between prerogative and lawful authority.

Hope you enjoy the book!

Pigs Flying Now The Wall Street Journal is reporting [gift link; see also CNN, Bloomberg, Law360] that the Justice Department is dropping its appeals of the four summary judgment and permanent injunction orders enter...

My thoughts on the news that the DOJ is dropping the appeal of the injunctions against the law firm executive orders. My conclusion as to the reason: hell if I know, but it sure is weird to see this administration back down on anything.

Wow, thanks to both of you for the kind words! Alexi is right - this isn't a space for bright lines. That includes the traditional non-accountability principle. It holds in criminal defense but it's important not to overgeneralize from that case.

share.google/images/gRHwM...

All right! A rule that tells judges they can do what they've been doing anyway - that's exciting!

This is correct. The firms are telling students they need to get good grades while simultaneously asking them to come to receptions to schmooze with firm lawyers in the evenings when they should be preparing for exams.

Yes - this is what I've been trying to say about the current state of legal ethics in the DOJ and the administration more widely, but haven't expressed it this clearly.