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: Can my former law firm use an employment agreement to financially penalize me for competing with it after I leave?
The NYC Bar was asked if a firm can implement a partnership or employment agreement in which the lawyer forfeits certain...(cont.)
lnkd.in/e7TFZbV6
#lawsky #law
The NYC Bar was asked if a firm can implement a partnership or employment agreement in which the lawyer forfeits certain...(cont.)
lnkd.in/e7TFZbV6
#lawsky #law
January 15, 2026 at 2:05 PM
#LegalEthics Tidbit: Can my former law firm use an employment agreement to financially penalize me for competing with it after I leave?
The NYC Bar was asked if a firm can implement a partnership or employment agreement in which the lawyer forfeits certain...(cont.)
lnkd.in/e7TFZbV6
#lawsky #law
The NYC Bar was asked if a firm can implement a partnership or employment agreement in which the lawyer forfeits certain...(cont.)
lnkd.in/e7TFZbV6
#lawsky #law
#LegalEthics Tidbit: If the document that used to take an hour to draft now takes 5 minutes with #AI, do I have to lower my flat fee for the job?
There is a difference of opinion on this issue. ABA Op. 512 states that “[I]f using a GAI tool enables a lawyer ...(cont.)
lnkd.in/eQv2SFXu
#Law #lawsky
There is a difference of opinion on this issue. ABA Op. 512 states that “[I]f using a GAI tool enables a lawyer ...(cont.)
lnkd.in/eQv2SFXu
#Law #lawsky
January 15, 2026 at 2:01 PM
#LegalEthics Tidbit: If the document that used to take an hour to draft now takes 5 minutes with #AI, do I have to lower my flat fee for the job?
There is a difference of opinion on this issue. ABA Op. 512 states that “[I]f using a GAI tool enables a lawyer ...(cont.)
lnkd.in/eQv2SFXu
#Law #lawsky
There is a difference of opinion on this issue. ABA Op. 512 states that “[I]f using a GAI tool enables a lawyer ...(cont.)
lnkd.in/eQv2SFXu
#Law #lawsky
#LegalEthics Tidbit: If 90% of my citations are accurate, is that good enough?
A NY lawyer filed an appellate brief containing 6 fabricated cases, probably hallucinated by #AI, although he claimed they were “formatting errors." He also included ... (cont.)
lnkd.in/euhPgCfP
#lawsky #law
A NY lawyer filed an appellate brief containing 6 fabricated cases, probably hallucinated by #AI, although he claimed they were “formatting errors." He also included ... (cont.)
lnkd.in/euhPgCfP
#lawsky #law
January 14, 2026 at 1:55 PM
#LegalEthics Tidbit: If 90% of my citations are accurate, is that good enough?
A NY lawyer filed an appellate brief containing 6 fabricated cases, probably hallucinated by #AI, although he claimed they were “formatting errors." He also included ... (cont.)
lnkd.in/euhPgCfP
#lawsky #law
A NY lawyer filed an appellate brief containing 6 fabricated cases, probably hallucinated by #AI, although he claimed they were “formatting errors." He also included ... (cont.)
lnkd.in/euhPgCfP
#lawsky #law
#LegalEthics Tidbit: If I’m adverse to a represented municipality, can I contact the municipality directly (and not through counsel) if a rule or statute requires it?
A KS plaintiff sued a municipality after getting rear ended by a city vehicle driven by a city ... (cont.)
lnkd.in/evRuNPJC
#law
A KS plaintiff sued a municipality after getting rear ended by a city vehicle driven by a city ... (cont.)
lnkd.in/evRuNPJC
#law
January 14, 2026 at 1:45 PM
#LegalEthics Tidbit: If I’m adverse to a represented municipality, can I contact the municipality directly (and not through counsel) if a rule or statute requires it?
A KS plaintiff sued a municipality after getting rear ended by a city vehicle driven by a city ... (cont.)
lnkd.in/evRuNPJC
#law
A KS plaintiff sued a municipality after getting rear ended by a city vehicle driven by a city ... (cont.)
lnkd.in/evRuNPJC
#law
#LegalEthics Tidbit: Will my sanctions for #AI hallucinations be worse if I violated my firm’s internal #AI policy in addition to Rule 11?
In March 2025, opposing counsel in a case informed a small MS law firm that their brief contained hallucinated citations...(cont.)
lnkd.in/e3VSXSi9
#law #lawsky
In March 2025, opposing counsel in a case informed a small MS law firm that their brief contained hallucinated citations...(cont.)
lnkd.in/e3VSXSi9
#law #lawsky
January 13, 2026 at 2:07 PM
#LegalEthics Tidbit: Will my sanctions for #AI hallucinations be worse if I violated my firm’s internal #AI policy in addition to Rule 11?
In March 2025, opposing counsel in a case informed a small MS law firm that their brief contained hallucinated citations...(cont.)
lnkd.in/e3VSXSi9
#law #lawsky
In March 2025, opposing counsel in a case informed a small MS law firm that their brief contained hallucinated citations...(cont.)
lnkd.in/e3VSXSi9
#law #lawsky
#LegalEthics Tidbit: Do I have to separately explain the arbitration clause in my fee agreement?
An IL client with a neurological disease hired a law firm to pursue a personal injury claim. He signed a fee agreement with a clause requiring any disputes ... (cont.)
lnkd.in/e5h3Y6_U
#law
An IL client with a neurological disease hired a law firm to pursue a personal injury claim. He signed a fee agreement with a clause requiring any disputes ... (cont.)
lnkd.in/e5h3Y6_U
#law
January 13, 2026 at 2:05 PM
#LegalEthics Tidbit: Do I have to separately explain the arbitration clause in my fee agreement?
An IL client with a neurological disease hired a law firm to pursue a personal injury claim. He signed a fee agreement with a clause requiring any disputes ... (cont.)
lnkd.in/e5h3Y6_U
#law
An IL client with a neurological disease hired a law firm to pursue a personal injury claim. He signed a fee agreement with a clause requiring any disputes ... (cont.)
lnkd.in/e5h3Y6_U
#law
#LegalEthics Tidbit: Is my judge using #AI?
The MA Supreme Judicial Court has adopted interim guidelines for the use of AI by judges and court staff. The “general policy is that GenAI may NOT be used,” with certain exceptions ... (cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
The MA Supreme Judicial Court has adopted interim guidelines for the use of AI by judges and court staff. The “general policy is that GenAI may NOT be used,” with certain exceptions ... (cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
January 12, 2026 at 3:24 PM
#LegalEthics Tidbit: Is my judge using #AI?
The MA Supreme Judicial Court has adopted interim guidelines for the use of AI by judges and court staff. The “general policy is that GenAI may NOT be used,” with certain exceptions ... (cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
The MA Supreme Judicial Court has adopted interim guidelines for the use of AI by judges and court staff. The “general policy is that GenAI may NOT be used,” with certain exceptions ... (cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
#LegalEthics Tidbit: If I argue there is no conflict between my clients because they don't have viable claims against each other, have I just proven that there is a conflict?
A and B each owned 50% of a Massachusetts LLC. In the context of a ...(cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
A and B each owned 50% of a Massachusetts LLC. In the context of a ...(cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
January 12, 2026 at 3:17 PM
#LegalEthics Tidbit: If I argue there is no conflict between my clients because they don't have viable claims against each other, have I just proven that there is a conflict?
A and B each owned 50% of a Massachusetts LLC. In the context of a ...(cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
A and B each owned 50% of a Massachusetts LLC. In the context of a ...(cont.)
www.linkedin.com/posts/davidk...
#lawsky #law
Happy #Caturday from Derry Girl, who is guarding her favorite scratching post. #cats #tortie #catsofbluesky
January 10, 2026 at 1:08 PM
Happy #Caturday from Derry Girl, who is guarding her favorite scratching post. #cats #tortie #catsofbluesky
#LegalEthics Tidbit: What is the appropriate reciprocal discipline for improper hashtag#AI use?
A NY trademark lawyer was publicly reprimanded by the USPTO for submitting a trial brief to the TTAB that contained hallucinated citations. After learning of ... (cont.)
lnkd.in/evsPmY_n
#lawsky #Law
A NY trademark lawyer was publicly reprimanded by the USPTO for submitting a trial brief to the TTAB that contained hallucinated citations. After learning of ... (cont.)
lnkd.in/evsPmY_n
#lawsky #Law
January 9, 2026 at 2:46 PM
#LegalEthics Tidbit: What is the appropriate reciprocal discipline for improper hashtag#AI use?
A NY trademark lawyer was publicly reprimanded by the USPTO for submitting a trial brief to the TTAB that contained hallucinated citations. After learning of ... (cont.)
lnkd.in/evsPmY_n
#lawsky #Law
A NY trademark lawyer was publicly reprimanded by the USPTO for submitting a trial brief to the TTAB that contained hallucinated citations. After learning of ... (cont.)
lnkd.in/evsPmY_n
#lawsky #Law
#LegalEthics Tidbit: If an expert “switches sides” but his opinion doesn’t change, should he be disqualified?
A NJ plaintiff sued an insurance company for wrongly denying his workers compensation claim. The insurance company hired an expert to opine that ... (cont.)
lnkd.in/egNGygcz
#lawsky #law
A NJ plaintiff sued an insurance company for wrongly denying his workers compensation claim. The insurance company hired an expert to opine that ... (cont.)
lnkd.in/egNGygcz
#lawsky #law
January 9, 2026 at 2:44 PM
#LegalEthics Tidbit: If an expert “switches sides” but his opinion doesn’t change, should he be disqualified?
A NJ plaintiff sued an insurance company for wrongly denying his workers compensation claim. The insurance company hired an expert to opine that ... (cont.)
lnkd.in/egNGygcz
#lawsky #law
A NJ plaintiff sued an insurance company for wrongly denying his workers compensation claim. The insurance company hired an expert to opine that ... (cont.)
lnkd.in/egNGygcz
#lawsky #law
Reposted by David Kluft
“These are otherwise animals that would have a home — and loving owners that want to keep them — but are being forced to choose between their own housing stability and being able to keep their beloved pets,” [MSPCA's Jamie Blackburn] said.
via @bostonglobe.com: www.bostonglobe.com/2026/01/08/r...
via @bostonglobe.com: www.bostonglobe.com/2026/01/08/r...
‘Nightmare trying to find a place’: New campaign seeks to end pet discrimination in Mass. rentals - The Boston Globe
Renting with pets forces some to choose between a roof over their head and keeping their animal companions.
www.bostonglobe.com
January 8, 2026 at 7:47 PM
“These are otherwise animals that would have a home — and loving owners that want to keep them — but are being forced to choose between their own housing stability and being able to keep their beloved pets,” [MSPCA's Jamie Blackburn] said.
via @bostonglobe.com: www.bostonglobe.com/2026/01/08/r...
via @bostonglobe.com: www.bostonglobe.com/2026/01/08/r...
#LegalEthics Tidbit: How was I supposed to know the cases I was reading were generated by #AI?
A LA lawyer submitted a brief containing hallucinated and incorrect citations generated by AI. She argued that she should not be sanctioned because although the ... (cont.)
lnkd.in/exj2Vkzp
#lawsky #law
A LA lawyer submitted a brief containing hallucinated and incorrect citations generated by AI. She argued that she should not be sanctioned because although the ... (cont.)
lnkd.in/exj2Vkzp
#lawsky #law
January 8, 2026 at 2:05 PM
#LegalEthics Tidbit: How was I supposed to know the cases I was reading were generated by #AI?
A LA lawyer submitted a brief containing hallucinated and incorrect citations generated by AI. She argued that she should not be sanctioned because although the ... (cont.)
lnkd.in/exj2Vkzp
#lawsky #law
A LA lawyer submitted a brief containing hallucinated and incorrect citations generated by AI. She argued that she should not be sanctioned because although the ... (cont.)
lnkd.in/exj2Vkzp
#lawsky #law
#LegaEthics Tidbit: Can my expert’s opinion be struck if she spoke to the opposing party without counsel present?
A group of CA prisoners brought a class action against their prisons over health conditions. Defense counsel facilitated an ... (cont.)
lnkd.in/epxFiTB3
#lawsky #law
A group of CA prisoners brought a class action against their prisons over health conditions. Defense counsel facilitated an ... (cont.)
lnkd.in/epxFiTB3
#lawsky #law
January 8, 2026 at 2:02 PM
#LegaEthics Tidbit: Can my expert’s opinion be struck if she spoke to the opposing party without counsel present?
A group of CA prisoners brought a class action against their prisons over health conditions. Defense counsel facilitated an ... (cont.)
lnkd.in/epxFiTB3
#lawsky #law
A group of CA prisoners brought a class action against their prisons over health conditions. Defense counsel facilitated an ... (cont.)
lnkd.in/epxFiTB3
#lawsky #law
#LegalEthics Tidbit: Would you rather have the Court think you misused #AI or that you are just really bad at legal research?
A CO lawyer submitted an amended complaint with four fabricated case citations and two instances in which she ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A CO lawyer submitted an amended complaint with four fabricated case citations and two instances in which she ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
January 7, 2026 at 1:26 PM
#LegalEthics Tidbit: Would you rather have the Court think you misused #AI or that you are just really bad at legal research?
A CO lawyer submitted an amended complaint with four fabricated case citations and two instances in which she ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A CO lawyer submitted an amended complaint with four fabricated case citations and two instances in which she ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: Can my former corporate counsel be adverse to me in a corporate finance matter that arose while it was representing me?
A TX oil company employed Firm A for “corporate, capital markets and finance” advice from 2014 to 2023. During this...(cont.)
lnkd.in/exJ7rsN8
#law #lawsky
A TX oil company employed Firm A for “corporate, capital markets and finance” advice from 2014 to 2023. During this...(cont.)
lnkd.in/exJ7rsN8
#law #lawsky
January 7, 2026 at 1:23 PM
#LegalEthics Tidbit: Can my former corporate counsel be adverse to me in a corporate finance matter that arose while it was representing me?
A TX oil company employed Firm A for “corporate, capital markets and finance” advice from 2014 to 2023. During this...(cont.)
lnkd.in/exJ7rsN8
#law #lawsky
A TX oil company employed Firm A for “corporate, capital markets and finance” advice from 2014 to 2023. During this...(cont.)
lnkd.in/exJ7rsN8
#law #lawsky
#LegalEthics Tidbit: If opposing counsel notices that I used #AI to hallucinate evidence, can I just amend my filings and avoid telling the Court?
Defense counsel in a NY product liability case filed a motion to exclude an expert. The ... (cont.)
#law #lawsky
www.linkedin.com/posts/davidk...
Defense counsel in a NY product liability case filed a motion to exclude an expert. The ... (cont.)
#law #lawsky
www.linkedin.com/posts/davidk...
January 6, 2026 at 3:13 PM
#LegalEthics Tidbit: If opposing counsel notices that I used #AI to hallucinate evidence, can I just amend my filings and avoid telling the Court?
Defense counsel in a NY product liability case filed a motion to exclude an expert. The ... (cont.)
#law #lawsky
www.linkedin.com/posts/davidk...
Defense counsel in a NY product liability case filed a motion to exclude an expert. The ... (cont.)
#law #lawsky
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: Can I get disciplined for criminal misconduct even though the President pardoned me?
A SC lawyer criminally stormed the U.S. Capitol on Jan. 6, 2021 and was arrested for disorderly conduct and other federal misdemeanors. ... (cont.)
lnkd.in/egJaAY-x
#law #lawsky
A SC lawyer criminally stormed the U.S. Capitol on Jan. 6, 2021 and was arrested for disorderly conduct and other federal misdemeanors. ... (cont.)
lnkd.in/egJaAY-x
#law #lawsky
January 6, 2026 at 2:50 PM
#LegalEthics Tidbit: Can I get disciplined for criminal misconduct even though the President pardoned me?
A SC lawyer criminally stormed the U.S. Capitol on Jan. 6, 2021 and was arrested for disorderly conduct and other federal misdemeanors. ... (cont.)
lnkd.in/egJaAY-x
#law #lawsky
A SC lawyer criminally stormed the U.S. Capitol on Jan. 6, 2021 and was arrested for disorderly conduct and other federal misdemeanors. ... (cont.)
lnkd.in/egJaAY-x
#law #lawsky
#LegalEthics Tidbit: Will the judge notice if I use #ArtificialIntelligence to tweak the deposition transcripts?
A MS lawyer filed a client declaration opposing summary judgment, which contained “fabricated quotations [and] manufactured ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A MS lawyer filed a client declaration opposing summary judgment, which contained “fabricated quotations [and] manufactured ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
January 5, 2026 at 2:23 PM
#LegalEthics Tidbit: Will the judge notice if I use #ArtificialIntelligence to tweak the deposition transcripts?
A MS lawyer filed a client declaration opposing summary judgment, which contained “fabricated quotations [and] manufactured ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
A MS lawyer filed a client declaration opposing summary judgment, which contained “fabricated quotations [and] manufactured ... (cont.)
#lawsky #law
www.linkedin.com/posts/davidk...
#LegalEthics Tidbit: Can I represent a County Commissioner in an individual capacity while suing him in an official capacity?
In 2023, a MI lawyer initiated a First Amendment suit against the Ottawa County Commission on behalf of a reverend who ... (cont.)
lnkd.in/e6CcHd2q
#lawsky #law
In 2023, a MI lawyer initiated a First Amendment suit against the Ottawa County Commission on behalf of a reverend who ... (cont.)
lnkd.in/e6CcHd2q
#lawsky #law
January 5, 2026 at 2:19 PM
#LegalEthics Tidbit: Can I represent a County Commissioner in an individual capacity while suing him in an official capacity?
In 2023, a MI lawyer initiated a First Amendment suit against the Ottawa County Commission on behalf of a reverend who ... (cont.)
lnkd.in/e6CcHd2q
#lawsky #law
In 2023, a MI lawyer initiated a First Amendment suit against the Ottawa County Commission on behalf of a reverend who ... (cont.)
lnkd.in/e6CcHd2q
#lawsky #law
Reposted by David Kluft
Westlaw: But wait, just hear us out, what if we added TWO NEW SCREENS to the login process???
January 2, 2026 at 10:49 PM
Westlaw: But wait, just hear us out, what if we added TWO NEW SCREENS to the login process???
Happy #Caturday from Derry Girl, who draws the line at 18 degrees F and is staying inside today. #cats #tortie #CatsofBluesky
January 3, 2026 at 2:03 PM
Happy #Caturday from Derry Girl, who draws the line at 18 degrees F and is staying inside today. #cats #tortie #CatsofBluesky
#LegalEthics Tidbit: Should I be disqualified if the opposing party once told me his litigation goals?
A CT husband already had a lawyer for his divorce but frequently sought “second opinions,” consulting with between 30-50 lawyers over the course of four ... (cont.)
lnkd.in/egA5_wcM
#lawsky #law
A CT husband already had a lawyer for his divorce but frequently sought “second opinions,” consulting with between 30-50 lawyers over the course of four ... (cont.)
lnkd.in/egA5_wcM
#lawsky #law
January 2, 2026 at 1:54 PM
#LegalEthics Tidbit: Should I be disqualified if the opposing party once told me his litigation goals?
A CT husband already had a lawyer for his divorce but frequently sought “second opinions,” consulting with between 30-50 lawyers over the course of four ... (cont.)
lnkd.in/egA5_wcM
#lawsky #law
A CT husband already had a lawyer for his divorce but frequently sought “second opinions,” consulting with between 30-50 lawyers over the course of four ... (cont.)
lnkd.in/egA5_wcM
#lawsky #law
#LegalEthics Tidbit: Should I use #AI to record my conversations with clients?
NYC Bar Ethics Opinion 2025-6 addresses the ethical issues affecting the use of #artificialintelligence to record, transcribe, and summarize conversations with clients. Among ... (cont.)
lnkd.in/esXtch22
#lawsky #law
NYC Bar Ethics Opinion 2025-6 addresses the ethical issues affecting the use of #artificialintelligence to record, transcribe, and summarize conversations with clients. Among ... (cont.)
lnkd.in/esXtch22
#lawsky #law
January 2, 2026 at 1:51 PM
#LegalEthics Tidbit: Should I use #AI to record my conversations with clients?
NYC Bar Ethics Opinion 2025-6 addresses the ethical issues affecting the use of #artificialintelligence to record, transcribe, and summarize conversations with clients. Among ... (cont.)
lnkd.in/esXtch22
#lawsky #law
NYC Bar Ethics Opinion 2025-6 addresses the ethical issues affecting the use of #artificialintelligence to record, transcribe, and summarize conversations with clients. Among ... (cont.)
lnkd.in/esXtch22
#lawsky #law
#LegalEthics Tidbit: Are #AI Hallucinations “Knowingly” False?
A NV attorney included 5 false citations, generated by #artificialintelligence, in a pleading filed with the court. The attorney “claimed that he did not know
that the ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
A NV attorney included 5 false citations, generated by #artificialintelligence, in a pleading filed with the court. The attorney “claimed that he did not know
that the ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
January 1, 2026 at 3:29 PM
#LegalEthics Tidbit: Are #AI Hallucinations “Knowingly” False?
A NV attorney included 5 false citations, generated by #artificialintelligence, in a pleading filed with the court. The attorney “claimed that he did not know
that the ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
A NV attorney included 5 false citations, generated by #artificialintelligence, in a pleading filed with the court. The attorney “claimed that he did not know
that the ... (cont.)
www.linkedin.com/posts/davidk...
#law #lawsky