An appeals court in San Antonio found that a Miami attorney cited four court opinions in an appeal that “appeared to be hallucinations created by AI” in a lawsuit against the San Antonio Independent School District. The attorney was disciplined after the filing.
The underlying lawsuit began after a student who brought a small knife to school was sent to a disciplinary alternative education program. The student’s mother sued SAISD, and the attorney later filed an appeal citing eight cases, four of which drew scrutiny from the 4th Court of Appeals.
AI hallucinations cited by appellate opinion
In its opinion, Justice Lori Valenzuela wrote that the four cases “appeared to be hallucinations created by AI.” Mason Clark, an assistant professor of law at St. Mary’s University School of Law, said attorneys are increasingly using AI but that mistakes remain common. “Unfortunately, most of the time when I’m asked this question, what are we seeing in the legal field, we’re seeing mistakes,” Clark said. He added: “It can easily fool someone to making it sound legal, making it sounds good, and it’s really completely worthless.”
A recent State Bar of Texas survey found AI use among Texas attorneys more than doubled, rising from 30% in 2024 to 62% this year. The 4th Court of Appeals did not dismiss the SAISD case, but it issued a warning to the attorney and the law firm about using AI in future court filings.
The issue is being addressed at the state level: the Texas Supreme Court issued new rules on the use of AI that are set to take effect Oct. 1.
