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Stop the brief from being filed, served, published, or sent to a client. Treat it as an unverified draft. Create a complete ledger of every authority and material factual assertion, locate the primary source for each item, check the case identity, quotation, pin cite, and legal proposition, and delete or rewrite anything you cannot substantiate. If the document has already been filed or served, notify the court and affected parties promptly and follow the jurisdiction’s procedure for correcting the record. Preserve a written audit trail and obtain a final human sign-off.
Why an invented citation is an urgent problem
Generative AI can produce a case that does not exist, attach a real citation to the wrong holding, quote language that never appeared in the opinion, identify the wrong court or jurisdiction, or format a plausible-looking citation that cannot be located. These are not cosmetic defects. A fabricated authority can undermine a motion, mislead a client, waste a court’s time, and expose the person who signed the filing to sanctions or professional-discipline risk.
The signer remains responsible for the accuracy of the submission even when the error came from a research assistant, vendor, or AI system. The American Bar Association describes hallucinated authorities as a diligence and candor problem, not an excuse based on delegation. New York Courts’ Part 161 states that any attorney or party using an AI tool for a paper filed, submitted, or served in a case must “carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material.” Requirements differ by jurisdiction, so the court’s rules and the applicable professional-conduct rules control.
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Freeze every downstream use
Stop filing, service, publication, client delivery, or further circulation of the document. Tell anyone working from the draft that it is on hold. Do not let an automated workflow overwrite the original. Save the AI conversation, exported document, prompt, date, model or product version if available, and all attachments. The original output is useful for audit purposes, but it is never evidence of what a court held.
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Identify the risk level
- Unfiled internal draft: keep it out of circulation, verify all material content, and replace the defective version.
- Sent to a client or supervising lawyer: immediately label it unverified, explain what is being checked, and send a corrected version only after review.
- Served on an opposing party: notify responsible counsel and follow the applicable service and correction rules; do not quietly substitute pages.
- Filed with a court: contact the responsible attorney or clerk’s office promptly, assess deadlines and upcoming hearings, and use the local rule or judge’s required motion, notice, amended filing, or withdrawal procedure.
There is no universal correction deadline or single nationwide form. The correct response depends on the court, jurisdiction, filing system, and procedural posture.
Build an authority and fact ledger
Do not verify only the citation that triggered the concern. Inventory every item that materially supports the brief. Include authorities in footnotes, string cites, block quotations, parentheticals, tables, appendices, and generated summaries.
| Ledger field | What to record |
|---|---|
| Item and location | Case, statute, regulation, rule, docket reference, quotation, statistic, or factual assertion; page, paragraph, and footnote where it appears. |
| Identity | Party names, court, reporter or docket number, decision date, rule or section number, and any edition or jurisdiction qualifier. |
| Proposition | The exact sentence in the brief that the item is supposed to support. |
| Primary source | Official opinion, court record, statute or regulation database, or a trusted legal database; record the stable document location. |
| Verification result | Verified; real but miscited; real but mischaracterized; or fabricated/unlocated. |
| Action and reviewer | Keep, correct, rewrite, or remove; reviewer’s name, date, and evidence retained. |
Put a source or an explicit “unverified” note beside every material claim while the review is in progress. A citation’s existence, its formatting, and its support for the proposition are three separate questions.
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Verify each authority against the primary record
1. Locate an authoritative document
Start with the official court opinion or docket, an official statute or regulation database, or a trusted legal database. A search-result snippet, an AI answer, a blog post, or a headnote is a lead, not proof. The National Center for State Courts advises practitioners to check every citation, case, statute, rule, and claim independently.
2. Check identity fields
Match the case name, all parties, court, reporter or docket number, decision date, and pin cite. For statutes, regulations, and rules, match the jurisdiction, title, section, subsection, and version in effect on the relevant date. A real case from another jurisdiction or a similarly named case is still the wrong authority.
3. Read the relevant passage in context
Compare every quotation character-for-character, including omitted words, brackets, and alterations. Confirm who made the statement and whether it was the court’s holding, a party’s argument, a dissent, or dicta. Then read enough surrounding text to determine whether the proposition in the brief follows from the passage. A sentence can be accurately quoted and still fail to support the legal conclusion drawn from it.
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Use an established citator or equivalent official history to determine whether the authority remains good law, has been overruled, vacated, superseded, or limited. Record negative treatment and controlling later decisions. “The case exists” is not the same as “the case can safely be relied on today.”
5. Verify factual assertions and statistics
Apply the same discipline to dates, procedural history, numerical claims, quotations from people, and descriptions of a record. Read the underlying filing, transcript, study, or official data rather than relying on an AI-generated summary. Keep the document that supports the final wording in the audit file.
Classify the result and repair the brief
| Classification | Meaning | Required repair |
|---|---|---|
| Verified | Identity, passage, proposition, and current status match the primary record. | Retain, with a precise citation and pin cite. |
| Real but miscited | The authority exists, but a reporter, docket, date, court, section, or pin cite is wrong. | Correct every citation field and recheck the proposition. |
| Real but mischaracterized | The source exists, but the quoted language or holding does not support the brief’s statement. | Rewrite the analysis to match the holding, find a supporting authority, or remove the claim. |
| Fabricated or unlocated | No reliable primary record can be found after a reasonable search. | Delete it. Do not preserve a plausible-looking citation or invent a replacement. |
When deleting an authority, inspect dependent paragraphs. AI often builds several conclusions on one invented premise. Remove unsupported parentheticals, string cites, quotations, and factual descriptions rather than leaving a gap that implies the authority still exists. Re-run the argument with only verified support.
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What to do when the authority cannot be found
Search by case name, docket, reporter, court, date, quoted phrase, and likely spelling variations. Check the official court site and a trusted legal database independently. If the result still cannot be located, mark it fabricated or unlocated and exclude it. The Eastern District of Michigan’s guidance is explicit: if a case cannot be found in a trusted source, it should not be included.
Do not ask the same model to “fix” the citation without independent evidence. A second generation can produce another nonexistent case with greater confidence. If a replacement is needed, conduct ordinary legal research and verify the replacement through the same ledger process.
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Notify the responsible people immediately
Escalate to the signing attorney, supervising lawyer, or responsible organization as soon as the error is confirmed. Identify the exact pages, paragraphs, authorities, quotations, and arguments affected. Do not minimize the problem or wait to see whether anyone notices.
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Follow the court’s local correction procedure
Depending on the jurisdiction and posture, the remedy may involve a notice of correction, amended filing, motion for leave, withdrawal of unsupported material, corrected exhibit, or another procedure specified by local rules or the judge. Contact the clerk’s office for filing mechanics when appropriate, but obtain legal advice on the substantive response. Notify opposing counsel as required and provide corrected authorities or withdraw the unsupported assertions.
Preserve a remediation record
Keep the original filing, the AI output, the authority ledger, source documents, communications, corrected version, and dates of each action. The record should show what failed, who reviewed it, what was changed, and when the court and parties were informed. Prompt, candid correction is safer than silent alteration.
Why human verification remains necessary
Published evidence shows that legal-AI systems can fail at a material rate. A 2024 arXiv evaluation reported hallucination rates of 17% to 33% among the legal-AI tools it tested. A 2026 arXiv benchmark reported more than 1,000 filings containing fabricated citations and described a dataset of 1,300 brief excerpts with injected errors. These figures belong to the evaluated tools and study designs; they are not a universal error rate for every model or task. They do establish that a legal-product label or retrieval feature does not remove the need to read and verify the source.
Use AI, if permitted, for tasks such as organizing issues, suggesting search terms, or comparing text after a human has obtained the source. Do not treat generated authorities, quotations, procedural histories, or statistics as ready-to-file material.
A repeatable pre-filing control
- Freeze the draft and preserve the complete AI output and version history.
- Run the authority-and-fact ledger across the entire document, not just the disputed footnote.
- Open the primary source for every material item and verify identity, quotation, context, proposition, and current status.
- Classify each item and correct, rewrite, or delete every failure.
- Check that citations, pin cites, quotations, and jurisdictional references match the final text.
- Have a second human reviewer compare the corrected brief with the ledger and retained evidence.
- Obtain named sign-off from the person responsible for filing or publication.
- Store the final brief, ledger, source documents, and sign-off under a version-controlled file name.
The final reviewer should be able to answer, for every material proposition: What is the source? Where exactly does it say this? Is the quotation exact? Is the authority still valid? Who checked it, and when?
Quick Recap
Practical decision guide
- One typo, source confirmed: correct the citation and complete a targeted recheck of nearby references.
- Real case, wrong holding: rewrite the argument; do not merely change the pin cite.
- Several unlocated authorities: stop all use, perform a full-document audit, and obtain second-person review.
- Filed or served document: escalate immediately, disclose the affected material, and use the local correction process.
- Unclear rule or deadline: consult the court’s current local rules and qualified jurisdiction-specific counsel rather than guessing.
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