David Kluft
@dkluft.bsky.social
830 followers 1.1K following 1.7K posts
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
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dkluft.bsky.social
... child should have their mental health publicly discussed.

A SC opinion recently came out the other way, but that was because the documentary was about boating, not about the legal system. lnkd.in/eVVGpkzx
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dkluft.bsky.social
... casting doubt on the judge’s impartiality as a finder of fact. The Committee also prohibited the documentary crew from filming child custody proceedings, even with the parties’ consent, because any consent given would be meaningless if encouraged by the judge, and because no ... (cont.)
dkluft.bsky.social
... would be used to promote the film, participation would run afoul of the prohibition against lending the prestige of the office to private economic interests. The Committee was also concerned that the judge’s comments may appear to commit the judge to a particular position, ... (cont.)
dkluft.bsky.social
... was asked if the judge could appear int the film, commenting about trends in high conflict cases and the impact on families, but not discussing specific cases. The Committee opined that, because the film was a potentially for-profit production, and the judge’s participation likely ... (cont.)
dkluft.bsky.social
#LegalEthics Tidbit: Can my family court judge appear in a documentary film about family court?

A FL judge was approached by filmmaker making a documentary about the effects on children of high conflict custody cases. The Judicial Ethics Advisory Committee... (cont.)

lnkd.in/esG3gC8s
#law #lawsky
Image of man carrying camera on tripod at a formal event. Image by korso 00007 via Pexels
dkluft.bsky.social
... whom she appears, and a referral to the Washington State bar.
dkluft.bsky.social
... process was not followed, and in any case Rule 11 duties ware not delegable. The sanctions included the revocation of pro hac vice admission, striking the brief, apologies to the judges to whom the fictitious cases were attributed, notification to the client and every judge before ... (cont.)
dkluft.bsky.social
... contract attorney, warning the attorney about the use of #artificialintelligence, having a supervising attorney check the cites, and then herself personally reviewing the brief. The Court observed that because the majority of the citations were hallucinated, it was apparent that the ... (cont.)
dkluft.bsky.social
... artificial intelligence.” The attorney asked the court not to sanction her because she had instituted her own internal process to prevent citation errors and relied on other attorneys who drafted the brief to follow that process. The process included assigning the brief to a ... (cont.)
dkluft.bsky.social
#LegalEthics Tidbit: Can I rely on contract attorneys not to misuse #AI when they write my briefs?

A WA attorney admitted pro hac vice in AZ filed a brief containing bad citations with all “the markings of hallucinated case[s] created by generative ... (cont.)

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#lawsky #law
Caption and Front page of opinion, which is available through the link
dkluft.bsky.social
The squirrels I have been feeding from my home office brought their baby over today to learn where the hazelnuts come from and to do some grooming. #squirrels #squirrel
dkluft.bsky.social
... why the Senator thinks this issue is best handled NOT by reporting it through the established judicial discipline process, but by splashing his own name on a press release & sending it to the media.
dkluft.bsky.social
... another one to a judge in New Jersey who did something similar) demanding answers to a long list of interrogatories. The letter does not cite authority for the legislative branch's ability to interrogate a sitting federal judge on his decision-making process. Nor does it explain ... (cont.)
dkluft.bsky.social
... correct the errors, which the judge allowed without any explanation. After the story hit the media, the judge replaced the order with a new opinion but still never explained the errors in the original. On October 6, 2025, Senator Chuck Grassley sent a letter to the judge (and ... (cont.)
dkluft.bsky.social
... It enjoined parties with no connection to the case, it falsified the statutory text, and it fabricated record facts, including four declarations by people who have no connection to the case and apparently didn’t submit declarations. The defendants filed a Motion for Clarification to ... (cont.)
dkluft.bsky.social
#LegalEthics Tidbit: If my judge misuses #AI in an opinion, is someone unconnected to the case going to make a big deal out of it?

On July 20, 2025, a MS judge issued an order that appears to be mother of all #artificialintelligence hallucinations ... (cont).

www.linkedin.com/posts/davidk...
#law
First page of Grassley's letter, available through the link
dkluft.bsky.social
... The motion for reconsideration was denied and the lawyer was ordered to pay the pending $2000 fine.
dkluft.bsky.social
...him, since he had a duty under Rule 5.3 to supervise non-lawyer staff and “as such … staff negligence or carelessness does not constitute a sufficient showing under the applicable law providing for reconsideration ... on grounds of purported excusable neglect.” ... (cont.)
dkluft.bsky.social
... who “repeatedly informed [him] that the matter had been resolved.” The poor legal assistant even filed an affidavit blaming herself, although the dates in her affidavit didn’t match the lawyer’s version of the story. The Court held that the lawyer’s attempts to blame staff didn't save...(cont.)
dkluft.bsky.social
... until he filed it. Additional orders ensued, and were ignored, including an order to pay $2K. On July 25, the lawyer finally showed up and filed a motion for reconsideration. The lawyer claimed that instead of reading the email orders from the court, he forwarded them to his assistant... (cont.)
dkluft.bsky.social
... him to file the amended complaint within 7 days. He failed to do so, and on June 23 the Court issued an order to show cause giving the lawyer two days to get the amended complaint on file. The lawyer failed to file anything, so on June 26 the Court started sanctioning him $100 a day ... (cont.)
dkluft.bsky.social
#LegalEthics Tidbit: If I’m too important or busy to read orders from the court, can I have my legal assistant just give me the gist?

On June 12, a Beverly Hills, CA attorney filed leave to amend a complaint. On June 13, the court ordered ... (cont).

www.linkedin.com/posts/davidk...
#lawsky #law
Caption and first page of opinion, which is available through the link
dkluft.bsky.social
... As a result, she failed to notice that what she submitted not only contained hallucinated citations, but also arguments against her own client’s position. The Court found a Rule 11 violation and sanctioned her $1,000.
dkluft.bsky.social
... 5 hours before the reply deadline, and it needed work. After being such a jerk with opposing counsel’s extension request, she didn’t want to request her own extension, so instead she ran it through the ChatOn #artificialintelligence program & submitted the draft after “skimming” it ... (cont.)
dkluft.bsky.social
... to file an opposition, but plaintiff’s counsel refused to consent, which annoyed the judge. The judge allowed the extension, and defense counsel filed the opposition. Plaintiff’s counsel was busy with depositions, so she asked her paralegal to draft a reply. She received the draft ... (cont.)