David Kluft
@dkluft.bsky.social
Assistant Bar Counsel/Prosecutor, Massachusetts Office of Bar Counsel. Legal Ethics and Attorney Discipline. I post #LegalEthics tidbits & pictures of my cat. Account unrelated to my employer. https://www.linkedin.com/in/davidkluft/
Boston/Cambridge, MA
Boston/Cambridge, MA
#LegalEthics Tidbit: Should I be sanctioned for false #AI citations even though they didn’t help my case?
A CA attorney filed a brief containing numerous fabricated quotations from real cases. The lawyer insisted the mistakes were not the result of ... (cont.)
lnkd.in/esy3C_-T
#law #lawsky
A CA attorney filed a brief containing numerous fabricated quotations from real cases. The lawyer insisted the mistakes were not the result of ... (cont.)
lnkd.in/esy3C_-T
#law #lawsky
December 9, 2025 at 1:54 PM
#LegalEthics Tidbit: Should I be sanctioned for false #AI citations even though they didn’t help my case?
A CA attorney filed a brief containing numerous fabricated quotations from real cases. The lawyer insisted the mistakes were not the result of ... (cont.)
lnkd.in/esy3C_-T
#law #lawsky
A CA attorney filed a brief containing numerous fabricated quotations from real cases. The lawyer insisted the mistakes were not the result of ... (cont.)
lnkd.in/esy3C_-T
#law #lawsky
#LegalEthtics Tidbit: Does a prior authorized disclosure of confidential information waive confidentiality on the subject matter?
Company A hired a TX lawyer to draw up agreements with Company B over certain oil and gas drilling leases. When Company A ... (cont.)
lnkd.in/e9nSPbKE
#lawsky #law
Company A hired a TX lawyer to draw up agreements with Company B over certain oil and gas drilling leases. When Company A ... (cont.)
lnkd.in/e9nSPbKE
#lawsky #law
December 9, 2025 at 1:50 PM
#LegalEthtics Tidbit: Does a prior authorized disclosure of confidential information waive confidentiality on the subject matter?
Company A hired a TX lawyer to draw up agreements with Company B over certain oil and gas drilling leases. When Company A ... (cont.)
lnkd.in/e9nSPbKE
#lawsky #law
Company A hired a TX lawyer to draw up agreements with Company B over certain oil and gas drilling leases. When Company A ... (cont.)
lnkd.in/e9nSPbKE
#lawsky #law
#LegalEthics Tidbit: Should we stop using the word "Hallucination" to describe false legal citations generate by #AI?
An OR attorney filed a brief “littered with fabricated cases, a fabricated quotation, and fabricated substantive law.” A D. OR judge issued ...(cont.)
lnkd.in/eeT6i9E7
#lawsky #law
An OR attorney filed a brief “littered with fabricated cases, a fabricated quotation, and fabricated substantive law.” A D. OR judge issued ...(cont.)
lnkd.in/eeT6i9E7
#lawsky #law
December 8, 2025 at 2:07 PM
#LegalEthics Tidbit: Should we stop using the word "Hallucination" to describe false legal citations generate by #AI?
An OR attorney filed a brief “littered with fabricated cases, a fabricated quotation, and fabricated substantive law.” A D. OR judge issued ...(cont.)
lnkd.in/eeT6i9E7
#lawsky #law
An OR attorney filed a brief “littered with fabricated cases, a fabricated quotation, and fabricated substantive law.” A D. OR judge issued ...(cont.)
lnkd.in/eeT6i9E7
#lawsky #law
#LegalEthics Tidbit: Am I allowed to act badly during a deposition if my opponent misbehaves first?
A FL lawyer (yes, Larry Klayman) representing a defamation plaintiff (yes, Laura Loomer) filed a motion for sanctions against opposing ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
A FL lawyer (yes, Larry Klayman) representing a defamation plaintiff (yes, Laura Loomer) filed a motion for sanctions against opposing ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
December 8, 2025 at 2:03 PM
#LegalEthics Tidbit: Am I allowed to act badly during a deposition if my opponent misbehaves first?
A FL lawyer (yes, Larry Klayman) representing a defamation plaintiff (yes, Laura Loomer) filed a motion for sanctions against opposing ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
A FL lawyer (yes, Larry Klayman) representing a defamation plaintiff (yes, Laura Loomer) filed a motion for sanctions against opposing ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
Less happy than usual #Caturday from Derry Girl, who we have forced to take some indoor spa days this week due to a coyote sighting on the next block. She would prefer to go outside and face the problem head on. #Cats #catsofbluesky #tortie
December 6, 2025 at 1:27 PM
Less happy than usual #Caturday from Derry Girl, who we have forced to take some indoor spa days this week due to a coyote sighting on the next block. She would prefer to go outside and face the problem head on. #Cats #catsofbluesky #tortie
As always, thank you Nova Scotia for the tree. en.wikipedia.org/wiki/Boston_...
December 5, 2025 at 11:31 PM
As always, thank you Nova Scotia for the tree. en.wikipedia.org/wiki/Boston_...
#LegalEthics Tidbit: Can a Judge take away my ChatGPT subscription?
A pro se plaintiff in MI, after being warned at least once by the court that using #AI to draft filings would result in monetary sanctions, kept doing it and submitted what ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A pro se plaintiff in MI, after being warned at least once by the court that using #AI to draft filings would result in monetary sanctions, kept doing it and submitted what ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
December 5, 2025 at 1:09 PM
#LegalEthics Tidbit: Can a Judge take away my ChatGPT subscription?
A pro se plaintiff in MI, after being warned at least once by the court that using #AI to draft filings would result in monetary sanctions, kept doing it and submitted what ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A pro se plaintiff in MI, after being warned at least once by the court that using #AI to draft filings would result in monetary sanctions, kept doing it and submitted what ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: Do political differences with my client create a conflict of interest?
Rule 1.2(b) in most states emphasizes that a lawyer’s representation of a client is not an endorsement of the client’s political views or activities. So, does ...(cont.)
www.nycbar.org/reports/form...
#law
Rule 1.2(b) in most states emphasizes that a lawyer’s representation of a client is not an endorsement of the client’s political views or activities. So, does ...(cont.)
www.nycbar.org/reports/form...
#law
December 5, 2025 at 1:04 PM
#LegalEthics Tidbit: Do political differences with my client create a conflict of interest?
Rule 1.2(b) in most states emphasizes that a lawyer’s representation of a client is not an endorsement of the client’s political views or activities. So, does ...(cont.)
www.nycbar.org/reports/form...
#law
Rule 1.2(b) in most states emphasizes that a lawyer’s representation of a client is not an endorsement of the client’s political views or activities. So, does ...(cont.)
www.nycbar.org/reports/form...
#law
#LegalEthics Tidbit: If I withdraw a summary judgment motion because it included #AI hallucinations, do I get to start over without prejudice?
A NY lawyer submitted a summary judgment motion relying on a citation to a non-existent case which was hallucinated ... (cont.)
lnkd.in/eiuRA23P
#law
A NY lawyer submitted a summary judgment motion relying on a citation to a non-existent case which was hallucinated ... (cont.)
lnkd.in/eiuRA23P
#law
December 4, 2025 at 2:02 PM
#LegalEthics Tidbit: If I withdraw a summary judgment motion because it included #AI hallucinations, do I get to start over without prejudice?
A NY lawyer submitted a summary judgment motion relying on a citation to a non-existent case which was hallucinated ... (cont.)
lnkd.in/eiuRA23P
#law
A NY lawyer submitted a summary judgment motion relying on a citation to a non-existent case which was hallucinated ... (cont.)
lnkd.in/eiuRA23P
#law
#LegalEthics Tidbit: Is criminal defense counsel ineffective if he ignores his client’s request to initiate plea negotiations?
A MA defendant, along with a co-defendant, was convicted of first degree murder. Twenty years later, he alleged ineffective assistance because he had ... (cont.)
#law
A MA defendant, along with a co-defendant, was convicted of first degree murder. Twenty years later, he alleged ineffective assistance because he had ... (cont.)
#law
December 4, 2025 at 1:59 PM
#LegalEthics Tidbit: Is criminal defense counsel ineffective if he ignores his client’s request to initiate plea negotiations?
A MA defendant, along with a co-defendant, was convicted of first degree murder. Twenty years later, he alleged ineffective assistance because he had ... (cont.)
#law
A MA defendant, along with a co-defendant, was convicted of first degree murder. Twenty years later, he alleged ineffective assistance because he had ... (cont.)
#law
#LegalEthics Tidbit: Can my #AI hallucinations create a conflict of interest between me and my client?
A TX immigration lawyer represented a Nigerian national suing the U.S. government for taking his investment visa money and then failing to grant him an ... (cont.)
lnkd.in/etT9njwD
#lawsky #law
A TX immigration lawyer represented a Nigerian national suing the U.S. government for taking his investment visa money and then failing to grant him an ... (cont.)
lnkd.in/etT9njwD
#lawsky #law
December 3, 2025 at 2:28 PM
#LegalEthics Tidbit: Can my #AI hallucinations create a conflict of interest between me and my client?
A TX immigration lawyer represented a Nigerian national suing the U.S. government for taking his investment visa money and then failing to grant him an ... (cont.)
lnkd.in/etT9njwD
#lawsky #law
A TX immigration lawyer represented a Nigerian national suing the U.S. government for taking his investment visa money and then failing to grant him an ... (cont.)
lnkd.in/etT9njwD
#lawsky #law
#LegalEthics Tidbit: Are firm managing partners ever disciplined for obnoxious employment practices?
The two named partners of a NY/DC law firm appear to have brainstormed every possible way to violate Rule 5.6 (restrictions on right to practice) and then ... (cont.)
lnkd.in/eGF3eKFR
#law
The two named partners of a NY/DC law firm appear to have brainstormed every possible way to violate Rule 5.6 (restrictions on right to practice) and then ... (cont.)
lnkd.in/eGF3eKFR
#law
December 3, 2025 at 2:25 PM
#LegalEthics Tidbit: Are firm managing partners ever disciplined for obnoxious employment practices?
The two named partners of a NY/DC law firm appear to have brainstormed every possible way to violate Rule 5.6 (restrictions on right to practice) and then ... (cont.)
lnkd.in/eGF3eKFR
#law
The two named partners of a NY/DC law firm appear to have brainstormed every possible way to violate Rule 5.6 (restrictions on right to practice) and then ... (cont.)
lnkd.in/eGF3eKFR
#law
Reposted by David Kluft
This is today! Head to the Giraffe entrance at the Franklin Park Zoo beginning at 2:00 p.m. 🐾
Rain, snow, wintry mix–whatever comes our way, we’ll be distributing pet food at the Franklin Park Playstead in Boston on Giving Back Tuesday tomorrow (Dec. 2) from 2-6pm. If you or someone you know needs a boost this holiday season, come see us 💙❤️
December 2, 2025 at 5:29 PM
This is today! Head to the Giraffe entrance at the Franklin Park Zoo beginning at 2:00 p.m. 🐾
#LegalEthics Tidbit: Can I interpret the judge’s question as asking something different than what I know he is really asking?
A NY attorney with a home in VA (but who was not licensed in VA) accompanied a friend to VA traffic court and sat up at ... (cont.)
lnkd.in/eZczBY3J
#lawsky #law
A NY attorney with a home in VA (but who was not licensed in VA) accompanied a friend to VA traffic court and sat up at ... (cont.)
lnkd.in/eZczBY3J
#lawsky #law
![The respondent admitted that when Judge Shah asked him if he was a licensed attorney in Virginia
and if he had an office in Virginia, he answered yes to both questions. The respondent explained,
“[Judge Shah] did not ask me if I was admitted to practice in
Virginia. He asked me, specifically, whether I was a licensed
attorney in Virginia. So it was . . . I knew what he was asking me. I
just interpreted it a little differently than he had . . . . I just thought
there was like some ambiguity in his question.”
The respondent explained that he owned a home in Virginia and was working at home, and therefore,
he believed that he had a home office in Virginia.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qlqfq3wnq4yl4xfr2nsol3v2/bafkreibxjcdlflc6ihsxgsorlho3sqd5rg3j3zxeom6nkddlyaresqzbau@jpeg)
December 2, 2025 at 2:02 PM
#LegalEthics Tidbit: Can I interpret the judge’s question as asking something different than what I know he is really asking?
A NY attorney with a home in VA (but who was not licensed in VA) accompanied a friend to VA traffic court and sat up at ... (cont.)
lnkd.in/eZczBY3J
#lawsky #law
A NY attorney with a home in VA (but who was not licensed in VA) accompanied a friend to VA traffic court and sat up at ... (cont.)
lnkd.in/eZczBY3J
#lawsky #law
#LegalEthics Tidbit: Can I ask ChatGPT what causes of action I have and then just submit the chatlog as my complaint?
A GA pro se litigant suing his former employer in federal court submitted a complaint consisting of a 5-line summary of facts ... (cont.)
#law
www.linkedin.com/posts/davidk...
A GA pro se litigant suing his former employer in federal court submitted a complaint consisting of a 5-line summary of facts ... (cont.)
#law
www.linkedin.com/posts/davidk...
December 2, 2025 at 1:59 PM
#LegalEthics Tidbit: Can I ask ChatGPT what causes of action I have and then just submit the chatlog as my complaint?
A GA pro se litigant suing his former employer in federal court submitted a complaint consisting of a 5-line summary of facts ... (cont.)
#law
www.linkedin.com/posts/davidk...
A GA pro se litigant suing his former employer in federal court submitted a complaint consisting of a 5-line summary of facts ... (cont.)
#law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: When can a prosecutor bring up the defendant’s religion?
A WA criminal defendant was accused of murdering his wife. The prosecution's theory of the case was that after the couple immigrated from Iraq, the defendant became upset when ... (cont.)
lnkd.in/g4-M8w4Q.
#lawsky #law
A WA criminal defendant was accused of murdering his wife. The prosecution's theory of the case was that after the couple immigrated from Iraq, the defendant became upset when ... (cont.)
lnkd.in/g4-M8w4Q.
#lawsky #law
December 1, 2025 at 2:20 PM
#LegalEthics Tidbit: When can a prosecutor bring up the defendant’s religion?
A WA criminal defendant was accused of murdering his wife. The prosecution's theory of the case was that after the couple immigrated from Iraq, the defendant became upset when ... (cont.)
lnkd.in/g4-M8w4Q.
#lawsky #law
A WA criminal defendant was accused of murdering his wife. The prosecution's theory of the case was that after the couple immigrated from Iraq, the defendant became upset when ... (cont.)
lnkd.in/g4-M8w4Q.
#lawsky #law
#LegalEthics Tidbit: Can I escape sanctions for misusing #AI by arguing about the definition of “hallucinate”?
A CA lawyer submitted filings to the CA Ct. of Appeals containing multiple citations to cases that did not exist, as well as other errors that are... (cont.)
lnkd.in/ewFRZ2CK
#lawsky #law
A CA lawyer submitted filings to the CA Ct. of Appeals containing multiple citations to cases that did not exist, as well as other errors that are... (cont.)
lnkd.in/ewFRZ2CK
#lawsky #law
December 1, 2025 at 2:13 PM
#LegalEthics Tidbit: Can I escape sanctions for misusing #AI by arguing about the definition of “hallucinate”?
A CA lawyer submitted filings to the CA Ct. of Appeals containing multiple citations to cases that did not exist, as well as other errors that are... (cont.)
lnkd.in/ewFRZ2CK
#lawsky #law
A CA lawyer submitted filings to the CA Ct. of Appeals containing multiple citations to cases that did not exist, as well as other errors that are... (cont.)
lnkd.in/ewFRZ2CK
#lawsky #law
Happy #Caturday from Derry Girl, who is grateful that a new scratchable stick fell from the tree. #cats #catsofbluesky #tortie
November 29, 2025 at 1:28 PM
Happy #Caturday from Derry Girl, who is grateful that a new scratchable stick fell from the tree. #cats #catsofbluesky #tortie
#LegalEthics Tidbit: Can I mediate a dispute about ownership of a company and then appear as counsel in a related dispute about the same company?
A TX lawyer mediated a dispute between a sister and brother over part ownership of an investment company. Later...(cont.)
lnkd.in/eTf-Um2x
#lawsky #law
A TX lawyer mediated a dispute between a sister and brother over part ownership of an investment company. Later...(cont.)
lnkd.in/eTf-Um2x
#lawsky #law
November 28, 2025 at 1:09 PM
#LegalEthics Tidbit: Can I mediate a dispute about ownership of a company and then appear as counsel in a related dispute about the same company?
A TX lawyer mediated a dispute between a sister and brother over part ownership of an investment company. Later...(cont.)
lnkd.in/eTf-Um2x
#lawsky #law
A TX lawyer mediated a dispute between a sister and brother over part ownership of an investment company. Later...(cont.)
lnkd.in/eTf-Um2x
#lawsky #law
#LegalEthics Tidbit: Can a suspended lawyer receive unethical referral fees in return for #Thanksgiving Dinner?
A CT attorney was suspended in 2017 after a conviction related to a client’s securities fraud. While suspended, he referred new ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
A CT attorney was suspended in 2017 after a conviction related to a client’s securities fraud. While suspended, he referred new ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
November 27, 2025 at 1:04 PM
#LegalEthics Tidbit: Can a suspended lawyer receive unethical referral fees in return for #Thanksgiving Dinner?
A CT attorney was suspended in 2017 after a conviction related to a client’s securities fraud. While suspended, he referred new ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
A CT attorney was suspended in 2017 after a conviction related to a client’s securities fraud. While suspended, he referred new ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
#LegalEthics Tidbit: If I get caught filing #AI hallucinations, should I get in my time machine & check my prior filings in other cases?
In April 2025, a MD lawyer submitted a filing in D. Md. in which “nearly every citation contained an error.” He withdrew ...(cont.)
lnkd.in/etpyuvzy
#lawsky #law
In April 2025, a MD lawyer submitted a filing in D. Md. in which “nearly every citation contained an error.” He withdrew ...(cont.)
lnkd.in/etpyuvzy
#lawsky #law
November 26, 2025 at 1:57 PM
#LegalEthics Tidbit: If I get caught filing #AI hallucinations, should I get in my time machine & check my prior filings in other cases?
In April 2025, a MD lawyer submitted a filing in D. Md. in which “nearly every citation contained an error.” He withdrew ...(cont.)
lnkd.in/etpyuvzy
#lawsky #law
In April 2025, a MD lawyer submitted a filing in D. Md. in which “nearly every citation contained an error.” He withdrew ...(cont.)
lnkd.in/etpyuvzy
#lawsky #law
#LegalEthics Tidbit: If I don’t’ show up for a hearing, did I commit misconduct in the “immediate view or presence” of the court?
A WY attorney had two morning hearings at nearly the same time. Instead of filing a motion to continue or informing the ... (cont.)
lnkd.in/ecRaAK8A
#lawsky #law
A WY attorney had two morning hearings at nearly the same time. Instead of filing a motion to continue or informing the ... (cont.)
lnkd.in/ecRaAK8A
#lawsky #law
November 26, 2025 at 1:55 PM
#LegalEthics Tidbit: If I don’t’ show up for a hearing, did I commit misconduct in the “immediate view or presence” of the court?
A WY attorney had two morning hearings at nearly the same time. Instead of filing a motion to continue or informing the ... (cont.)
lnkd.in/ecRaAK8A
#lawsky #law
A WY attorney had two morning hearings at nearly the same time. Instead of filing a motion to continue or informing the ... (cont.)
lnkd.in/ecRaAK8A
#lawsky #law
November 25, 2025 at 10:14 PM
November 25, 2025 at 2:33 PM
#LegalEthics Tidbit: If my firm issues an #AI policy, are we done or do we need to get it acknowledged?
An GA firm lawyer litigating in AL filed a brief with some hallucinated citations. When the judge observed that the cases didn’t support her position, she “doubled down ... (cont.)
#lawsky #law
An GA firm lawyer litigating in AL filed a brief with some hallucinated citations. When the judge observed that the cases didn’t support her position, she “doubled down ... (cont.)
#lawsky #law
November 25, 2025 at 2:20 PM
#LegalEthics Tidbit: If my firm issues an #AI policy, are we done or do we need to get it acknowledged?
An GA firm lawyer litigating in AL filed a brief with some hallucinated citations. When the judge observed that the cases didn’t support her position, she “doubled down ... (cont.)
#lawsky #law
An GA firm lawyer litigating in AL filed a brief with some hallucinated citations. When the judge observed that the cases didn’t support her position, she “doubled down ... (cont.)
#lawsky #law