LAW IN THE AGE OF AI: Duty to Alert Court to Opponents’ “Fictitious Citation[s]” and “Misrepresentation of Case Law.” “To be sure, lawyers often need no prompting to alert the court to errors by the other side. But sometimes they might feel reluctant to look like they’re piling on with objections, especially when the erroneous citation is on a tangential point, or when they think they’ve already destroyed the other side’s arguments on the merits. And sometimes they might be reluctant to spend their time and the client’s money on putting together a list of errors by the other side (especially when that requires a whole new supplemental filing). These decisions show that, despite that, alerting the court to all the citation errors you found in the other side’s filings may be important to maintaining the court’s confidence and goodwill.”
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