andrewducker: (Default)
[personal profile] andrewducker

Date: 2023-06-15 12:17 pm (UTC)
bens_dad: (Default)
From: [personal profile] bens_dad
3. Page 55, lines 16-23:
Should the Court be upset at my clients for their ignorance and carelessness in dealing with this? Again, absolutely, they should. And the way they handled it after the problems were discovered. Yes, they were careless.
But should they be sanctioned. We submit that the answer for that is, no, they shouldn't. They made a careless, honest mistake.

So lawyers get the benefit of the doubt when they are careless ?

The lawyer who received the fake cases in the original case was present. I hope his client in that case isn't paying for that.

--
The judge declares that there is a difference between the original submission of ChatGPT's analysis and the later submission of the fake reports.

A factor in the story is that a mix-up over billing meant that the lawyers only had access to state, not federal, law on one of the databases they used, and were not used to dealing with federal cases.

Date: 2023-06-15 01:52 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
So lawyers get the benefit of the doubt when they are careless

I think it's more that the offense for which the lawyers might be sanctioned for here is deliberate deceit or knowingly lying and not negligence. That's the criminal offense. I think there will be other sanctions, both adminstrative and contractual for the negligence. There certainly ought to be.

Date: 2023-06-15 02:05 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
Negligence can certainly trigger criminal liability in some situations. Driving without due care and attention or recklessly discharing firearms for example.

I think there is a question here about the interaction of signing the paperwork to submit the pleadings to court, which is a deliberate act of saying I [believe / know / understand / swear] that these things are true and the utter carelessness with which they have gone about checking the cases are correct. If you say "these things are true" and the only reason you believe that is that you have put less than zero effort in to reviewing the truth of your own statement when you could have have you in fact deliberately lied?

Also, worth noting that just because the lawyers' defence lawyer says that there needs to be a deliberate lie to trigger a sanction doesn't mean he's correct.

Date: 2023-06-15 12:46 pm (UTC)
bens_dad: (Default)
From: [personal profile] bens_dad
7. She says people were gaslighting her by saying it would not make a big difference if she lost weight.

Yes, they probably were lying to her or to themselves, but they were trying spare her feelings.
I don't think she should call that gaslighting.

She comes close to saying that "your bum does not look big in that" is gaslighting.

Date: 2023-06-15 02:49 pm (UTC)
simont: A picture of me in 2016 (Default)
From: [personal profile] simont
A random thing that jumped out at me from #3: on page 35, the judge says

"This is a very short memo. It's a five-page memo."

That's not what I think "very short" means! But I guess lawyers have different norms...

Date: 2023-06-15 06:31 pm (UTC)
bens_dad: (Default)
From: [personal profile] bens_dad
That struck me too.

At least it is double-spaced.

Date: 2023-06-15 06:58 pm (UTC)
simont: A picture of me in 2016 (Default)
From: [personal profile] simont
It's true, five pages of that document wouldn't be nearly as much text as what I'd normally think of as five pages.

Even so. "Very short" for something like an email would be "it would have fitted in an SMS" length, or a few paragraphs at the most!

Date: 2023-06-16 12:38 am (UTC)
snippy: Lego me holding book (Default)
From: [personal profile] snippy
I am a legal secretary. A five page memo is so short, it only happens when the court rules forbid a longer memo. (I mean, think about a brief. I've filed briefs that were over 50 pages. It's only briefer than actually reading the whole cases you are citing.)

Date: 2023-06-15 04:24 pm (UTC)
ninetydegrees: Art: self-portrait (Default)
From: [personal profile] ninetydegrees
#9 Darn. Too late for the Olympics. But good news still. Thanks for the link!

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