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: 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
#LegalEthics Tidbit: Can I continue to represent a couple in a personal injury case if they are getting a divorce?
An IL attorney was retained by a man who was in a bad car accident. The Attorney also represented the man’s wife in a derivative loss of ... (cont.)
lnkd.in/gEpAZ2fp
#lawsky #law
An IL attorney was retained by a man who was in a bad car accident. The Attorney also represented the man’s wife in a derivative loss of ... (cont.)
lnkd.in/gEpAZ2fp
#lawsky #law
November 25, 2025 at 2:12 PM
#LegalEthics Tidbit: Can I continue to represent a couple in a personal injury case if they are getting a divorce?
An IL attorney was retained by a man who was in a bad car accident. The Attorney also represented the man’s wife in a derivative loss of ... (cont.)
lnkd.in/gEpAZ2fp
#lawsky #law
An IL attorney was retained by a man who was in a bad car accident. The Attorney also represented the man’s wife in a derivative loss of ... (cont.)
lnkd.in/gEpAZ2fp
#lawsky #law
#LegalEthcis Tidbit: If I’m too ill to litigate the cases I already have, can I keep taking more cases anyway and just turn them over to #AI?
A FL attorney claims she was too ill to litigate her cases, but she kept taking cases anyway and turned ... (cont.)
#law
www.linkedin.com/posts/davidk...
A FL attorney claims she was too ill to litigate her cases, but she kept taking cases anyway and turned ... (cont.)
#law
www.linkedin.com/posts/davidk...
November 24, 2025 at 1:53 PM
#LegalEthcis Tidbit: If I’m too ill to litigate the cases I already have, can I keep taking more cases anyway and just turn them over to #AI?
A FL attorney claims she was too ill to litigate her cases, but she kept taking cases anyway and turned ... (cont.)
#law
www.linkedin.com/posts/davidk...
A FL attorney claims she was too ill to litigate her cases, but she kept taking cases anyway and turned ... (cont.)
#law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: Can multiple prospective clients bring a class action against ambulance chasers for illegal solicitation?
After a minor car accident, a TX woman received an unsolicited phone call from a “case runner” who claimed he got her contact ... (cont.)
lnkd.in/evAcmdvN
#lawsky #law
After a minor car accident, a TX woman received an unsolicited phone call from a “case runner” who claimed he got her contact ... (cont.)
lnkd.in/evAcmdvN
#lawsky #law
November 24, 2025 at 1:48 PM
#LegalEthics Tidbit: Can multiple prospective clients bring a class action against ambulance chasers for illegal solicitation?
After a minor car accident, a TX woman received an unsolicited phone call from a “case runner” who claimed he got her contact ... (cont.)
lnkd.in/evAcmdvN
#lawsky #law
After a minor car accident, a TX woman received an unsolicited phone call from a “case runner” who claimed he got her contact ... (cont.)
lnkd.in/evAcmdvN
#lawsky #law
November 22, 2025 at 7:01 PM
#LegalEthics Tidbit: Is my appeal waived if I use #AI to include hallucinated citations in my brief?
A pro se litigant in IN appealed to the Ct. of Appeals. Her brief cited 23 legal authorities. 14 did not exist at all and 6 were...(cont.)
public.courts.in.gov/Decisions/ap...
#law #lawsky
A pro se litigant in IN appealed to the Ct. of Appeals. Her brief cited 23 legal authorities. 14 did not exist at all and 6 were...(cont.)
public.courts.in.gov/Decisions/ap...
#law #lawsky
November 21, 2025 at 2:36 PM
#LegalEthics Tidbit: Is my appeal waived if I use #AI to include hallucinated citations in my brief?
A pro se litigant in IN appealed to the Ct. of Appeals. Her brief cited 23 legal authorities. 14 did not exist at all and 6 were...(cont.)
public.courts.in.gov/Decisions/ap...
#law #lawsky
A pro se litigant in IN appealed to the Ct. of Appeals. Her brief cited 23 legal authorities. 14 did not exist at all and 6 were...(cont.)
public.courts.in.gov/Decisions/ap...
#law #lawsky
#LegalEthics Tidbit: Can I “report up the chain” after I’m fired?
A MO attorney working for the Kansas City Police department was terminated after disputes with the General Counsel. A few days after he was fired, he wrote a “letter to the world,” which he ... (cont.)
lnkd.in/eC98BF2N
#lawksy #law
A MO attorney working for the Kansas City Police department was terminated after disputes with the General Counsel. A few days after he was fired, he wrote a “letter to the world,” which he ... (cont.)
lnkd.in/eC98BF2N
#lawksy #law
November 21, 2025 at 2:07 PM
#LegalEthics Tidbit: Can I “report up the chain” after I’m fired?
A MO attorney working for the Kansas City Police department was terminated after disputes with the General Counsel. A few days after he was fired, he wrote a “letter to the world,” which he ... (cont.)
lnkd.in/eC98BF2N
#lawksy #law
A MO attorney working for the Kansas City Police department was terminated after disputes with the General Counsel. A few days after he was fired, he wrote a “letter to the world,” which he ... (cont.)
lnkd.in/eC98BF2N
#lawksy #law
#LegalEthics Tidbit: How can I get praised and sanctioned by the judge at the same time for using #artificialintelligence?
Another ideal response to a show cause order: A GA judge publicly admonished a lawyer for using #AI hallucinations in a ...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
Another ideal response to a show cause order: A GA judge publicly admonished a lawyer for using #AI hallucinations in a ...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
November 20, 2025 at 1:49 PM
#LegalEthics Tidbit: How can I get praised and sanctioned by the judge at the same time for using #artificialintelligence?
Another ideal response to a show cause order: A GA judge publicly admonished a lawyer for using #AI hallucinations in a ...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
Another ideal response to a show cause order: A GA judge publicly admonished a lawyer for using #AI hallucinations in a ...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit #TransgenderDayofRemembrance Edition: Should I be disqualified if one of my clients is “uncomfortable” with another client?
A CA law firm was appointed to represent two sets of prisoners in two separate class actions against the federal ...(cont.)
lnkd.in/eNZ6hj_z
#law #lawsky
A CA law firm was appointed to represent two sets of prisoners in two separate class actions against the federal ...(cont.)
lnkd.in/eNZ6hj_z
#law #lawsky
November 20, 2025 at 1:43 PM
#LegalEthics Tidbit #TransgenderDayofRemembrance Edition: Should I be disqualified if one of my clients is “uncomfortable” with another client?
A CA law firm was appointed to represent two sets of prisoners in two separate class actions against the federal ...(cont.)
lnkd.in/eNZ6hj_z
#law #lawsky
A CA law firm was appointed to represent two sets of prisoners in two separate class actions against the federal ...(cont.)
lnkd.in/eNZ6hj_z
#law #lawsky
Leaf blowing at King's Chapel burial ground? Why? The 400 year-old skeletons don't care. Is it so we can see the sparse & poorly kept lawn instead of the iconic New England leaves? I work 10 floors up and still it's louder than my dentist drilling my teeth. I hate leaf blowers so much.
November 19, 2025 at 3:24 PM
Leaf blowing at King's Chapel burial ground? Why? The 400 year-old skeletons don't care. Is it so we can see the sparse & poorly kept lawn instead of the iconic New England leaves? I work 10 floors up and still it's louder than my dentist drilling my teeth. I hate leaf blowers so much.
#LegalEthics Tidbit: Can I use #AI to drown my litigation opponent in discovery requests?
A TX defendant asked the Court for a stay of the litigation because the pro se plaintiff “through use of generative artificial intelligence …(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#lawsky #law
A TX defendant asked the Court for a stay of the litigation because the pro se plaintiff “through use of generative artificial intelligence …(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#lawsky #law
November 19, 2025 at 1:50 PM
#LegalEthics Tidbit: Can I use #AI to drown my litigation opponent in discovery requests?
A TX defendant asked the Court for a stay of the litigation because the pro se plaintiff “through use of generative artificial intelligence …(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#lawsky #law
A TX defendant asked the Court for a stay of the litigation because the pro se plaintiff “through use of generative artificial intelligence …(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#lawsky #law
#LegalEthics Tidbit: Is defense counsel ethically required to make an opening statement?
In a criminal trial in SD, defense counsel reserved and then later waived her opening statement. After conviction, the defendant alleged that this was ineffective ... (cont.)
lnkd.in/eY43HM_U
#law #lawsky
In a criminal trial in SD, defense counsel reserved and then later waived her opening statement. After conviction, the defendant alleged that this was ineffective ... (cont.)
lnkd.in/eY43HM_U
#law #lawsky
November 19, 2025 at 1:10 PM
#LegalEthics Tidbit: Is defense counsel ethically required to make an opening statement?
In a criminal trial in SD, defense counsel reserved and then later waived her opening statement. After conviction, the defendant alleged that this was ineffective ... (cont.)
lnkd.in/eY43HM_U
#law #lawsky
In a criminal trial in SD, defense counsel reserved and then later waived her opening statement. After conviction, the defendant alleged that this was ineffective ... (cont.)
lnkd.in/eY43HM_U
#law #lawsky
#LegalEthics Tidbit: If my daughter tells me that #AI “works great” for legal research, should I use it?
A CT attorney had no prior experience using #ArtificialIntelligence, but his attorney daughter told him about the Descrybe AI tool...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A CT attorney had no prior experience using #ArtificialIntelligence, but his attorney daughter told him about the Descrybe AI tool...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
November 18, 2025 at 2:06 PM
#LegalEthics Tidbit: If my daughter tells me that #AI “works great” for legal research, should I use it?
A CT attorney had no prior experience using #ArtificialIntelligence, but his attorney daughter told him about the Descrybe AI tool...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A CT attorney had no prior experience using #ArtificialIntelligence, but his attorney daughter told him about the Descrybe AI tool...(cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: Is it ineffective assistance for defense counsel to explain why she didn’t withdraw a guilty plea?
A NY criminal defendant pled guilty to a weapons possession charge but then failed to appear for subsequent sentencing hearings ... (cont.)
lnkd.in/gVsrEt9m
#lawsky #Law
A NY criminal defendant pled guilty to a weapons possession charge but then failed to appear for subsequent sentencing hearings ... (cont.)
lnkd.in/gVsrEt9m
#lawsky #Law
November 18, 2025 at 1:09 PM
#LegalEthics Tidbit: Is it ineffective assistance for defense counsel to explain why she didn’t withdraw a guilty plea?
A NY criminal defendant pled guilty to a weapons possession charge but then failed to appear for subsequent sentencing hearings ... (cont.)
lnkd.in/gVsrEt9m
#lawsky #Law
A NY criminal defendant pled guilty to a weapons possession charge but then failed to appear for subsequent sentencing hearings ... (cont.)
lnkd.in/gVsrEt9m
#lawsky #Law
#LegalEthics Tidbit: If I get caught using #AI hallucinations, what's the best way to respond to the court's show cause order?
An OR law firm submitted a brief in federal court containing what the court called “totally fake” cases. These were ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
An OR law firm submitted a brief in federal court containing what the court called “totally fake” cases. These were ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
November 17, 2025 at 1:27 PM
#LegalEthics Tidbit: If I get caught using #AI hallucinations, what's the best way to respond to the court's show cause order?
An OR law firm submitted a brief in federal court containing what the court called “totally fake” cases. These were ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
An OR law firm submitted a brief in federal court containing what the court called “totally fake” cases. These were ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
#LegalEthics Tidbit: When I leave a firm, do I have to change my contact information with the Courts or can I just assume the firm will substitute new counsel for me?
An IL attorney admitted pro hac vice in W.D. Mich. Bankruptcy Court failed to attend two ... (cont.)
lnkd.in/eXWtKQCG
#law #lawsky
An IL attorney admitted pro hac vice in W.D. Mich. Bankruptcy Court failed to attend two ... (cont.)
lnkd.in/eXWtKQCG
#law #lawsky
November 17, 2025 at 1:23 PM
#LegalEthics Tidbit: When I leave a firm, do I have to change my contact information with the Courts or can I just assume the firm will substitute new counsel for me?
An IL attorney admitted pro hac vice in W.D. Mich. Bankruptcy Court failed to attend two ... (cont.)
lnkd.in/eXWtKQCG
#law #lawsky
An IL attorney admitted pro hac vice in W.D. Mich. Bankruptcy Court failed to attend two ... (cont.)
lnkd.in/eXWtKQCG
#law #lawsky