Bad lawyer hires bad lawyers
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[Michael Cohen’s lawyer cited three fake cases in possible AI-fueled screwup](link url)
A lawyer representing Donald Trump's former attorney Michael Cohen filed a court brief that cited three cases that do not exist, according to a federal judge. The incident is similar to a recent one in which lawyers submitted fake citations originally provided by ChatGPT, but it hasn't yet been confirmed whether Cohen's lawyer also used an AI tool.
"On November 29, 2023, David M. Schwartz, counsel of record for Defendant Michael Cohen, filed a motion for early termination of supervised release," US District Judge Jesse Furman wrote in an order to show cause yesterday. "In the letter brief, Mr. Cohen asserts that, '[a]s recently as 2022, there have been District Court decisions, affirmed by the Second Circuit Court, granting early termination of supervised release.'"
Schwartz's letter brief named "three such examples," citing United States v. Figueroa-Florez, United States v. Ortiz, and United States v. Amato. The brief provided case numbers, summaries, and ruling dates, but Furman concluded that the cases are fake.
"As far as the Court can tell, none of these cases exist," Furman wrote. Furman, a judge in US District Court for the Southern District of New York, ordered Schwartz to provide copies of the three cited decisions by December 19.
"If he is unable to do so, Mr. Schwartz shall, by the same date, show cause in writing why he should not be sanctioned pursuant to (1) Rule 11(b)(2) & (c) of the Federal Rules of Civil Procedure, (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court for citing non-existent cases to the Court," Furman wrote.
Assuming he can't turn up those cases, Schwartz must also provide "a thorough explanation of how the motion came to cite cases that do not exist and what role, if any, Mr. Cohen played in drafting or reviewing the motion before it was filed."
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Whatever he is paying them, it appears to be too high. LOL
