Starting June 15, Florida attorneys and people representing themselves in court must certify that any citations they submit are accurate and actually exist. The Florida Supreme Court recently established these new rules to combat what legal professionals describe as a serious and growing problem: artificial intelligence generating false legal citations and fabricated evidence in courtrooms. Violations could result in sanctions ranging from public reprimand to fines and suspension from practice.
Federal Judge William Matthewman, chief magistrate for the Southern District of Florida, has worked to address AI misuse in his courtroom after witnessing the problem firsthand. He expressed concern that the situation will worsen before it improves, though he believes the Florida Supreme Court's action will help the state. Criminal defense attorney Paul Figueroa in Tampa, who recently began using AI to enhance his practice, emphasized that the technology is unreliable. He explained that AI can generate quotes appearing directly relevant to a case that actually do not appear in the cited cases. When asked if the new rules are sufficient, Figueroa said they go far enough for current circumstances.
One notable case involved a Polk County attorney representing the school district in litigation over school bus cameras. A judge discovered the attorney had included fabricated facts and cited cases that do not exist in a motion to dismiss. The attorney apologized and acknowledged using ChatGPT as a research and drafting tool, admitting there was no valid reason for failing to verify the information before filing. The school district stated it takes accuracy and legal integrity seriously and is reviewing whether to continue using this attorney for future work.
The problems with AI-generated false evidence have become widespread enough to demand the court's action. Earlier this year, a St. Petersburg woman created a fake photo using AI, claiming a man had robbed and assaulted her, though she later confessed to police that she fabricated the allegation. Judge Matthewman warned both lawyers and self-represented litigants to carefully verify everything they file with the court. He cautioned that failing to do so could result in serious consequences.