{"meta":{"exportedAt":"2026-10-19T08:19:07.695Z","formatVersion":2,"selection":{"q":"cocounsel","system":"","harm":"","context":"","country":"","role":"","relation":"core","evidence":"","year":"2025","response":"","severity":"","verification":"","view":"incidents","sort":"added"},"totalIncidents":1,"coverage":{"cases":1,"countries":1,"languages":1,"unknownLocation":0,"locationPending":0,"unknownLanguage":0,"unknownDate":0,"lawsuits":0,"regulatory":1,"minors":0,"coreRelations":1,"contextualRelations":1,"mixedRelations":1,"unknownRelations":0,"relationPending":0,"relationUnknown":0},"countingNote":"Distinct public cases in this selection. People counts apply within individual cases only; cross-case person overlap has not been resolved. No population incidence estimate.","affectedCountNote":"Interpret person counts with affectedCountStatus and the reported effects. Unquantified zeros are placeholders, not a measured zero.","source":"AI incidents","publisher":"NOPE","url":"https://nope.net/incidents","license":"CC BY 4.0"},"incidents":[{"id":"2025-sixth-circuit-removes-appointed-defence-lawyer-over-cocounsel-drafted-briefs-delaying-indigent-defendants-appeal","caseFacts":{"claims":[{"id":"c1","status":"documented","evidence":[{"locator":"'qualified for a two-level enhancement under § 3B1.1(c) of the Sentencing Guidelines for his leadership role during drug-trafficking activities.'; 'serving as court-appointed counsel for an indigent defendant through a publicly funded program'","relation":"supports","source_id":"s1"}],"assertion":"A lawyer appointed under the Criminal Justice Act represented an indigent defendant appealing a two-level leadership enhancement to his drug-trafficking sentence in the Sixth Circuit.","causal_attribution":"The court's own description of the appointment and the appeal."},{"id":"c2","status":"documented","evidence":[{"locator":"'The first tell was the file name of the principal brief:'; '“CoCounsel Skill Results.” CoCounsel is the name of Westlaw’s internal artificial-intelligence'; 'But the purported direct quotations do not appear in their cited sources.'","relation":"supports","source_id":"s1"},{"locator":"'The first tell was the file name of the principal brief: \"CoCounsel Skill Results.\" CoCounsel is the name of Westlaw's internal artificial-intelligence platform.'; 'But the purported direct quotations do not appear in their cited sources.'; 'misrepresent the holdings of both United States v. Washington'","relation":"supports","source_id":"s2"}],"assertion":"The court found that the principal brief's file name was 'CoCounsel Skill Results', that three quotations in the briefs appear in no legal authority, and that the briefs misrepresented the holdings of two precedents.","causal_attribution":"The court's findings, quoted verbatim in the Volokh post; the opinion PDF carries the same text."},{"id":"c3","status":"documented","evidence":[{"locator":"'he directed an unnamed “staff” member to'; 'upload district court documents to Westlaw’s CoCounsel program to create a first draft of the'; 'repeated that same process for the reply brief.'; 'He concedes that the three inaccurate quotations'","relation":"supports","source_id":"s1"},{"locator":"'he directed an unnamed \"staff\" member to upload district court documents to Westlaw's CoCounsel program to create a first draft of the principal brief.'; 'He concedes that the three inaccurate quotations identified above were the product of artificial intelligence, that they do not appear in any legal authorities'","relation":"supports","source_id":"s2"}],"assertion":"The lawyer admitted that a staff member uploaded district court documents to Westlaw's CoCounsel to create a first draft of the principal brief, that he repeated the process for the reply, and that the three inaccurate quotations were produced by artificial intelligence and not verified.","causal_attribution":"The lawyer's show-cause response as the court records it; the court's opinion documents the admission."},{"id":"c4","status":"documented","evidence":[{"locator":"'shall not be compensated under the Criminal Justice Act for his time spent on'; 'to consider disciplinary proceedings under Sixth'; 'Disciplinary Clerk for the Kentucky Bar Association'","relation":"supports","source_id":"s1"}],"assertion":"The court ordered that the lawyer receive no Criminal Justice Act compensation for the appeal, forwarded the opinion to the circuit's chief judge to consider disciplinary proceedings, and served it on the Kentucky Bar Association's disciplinary clerk.","causal_attribution":"The court's orders."},{"id":"c5","status":"documented","evidence":[{"locator":"'different appellate counsel to file new briefs—further delaying resolution of'; 'reset the briefing schedule upon appointment of replacement counsel.'","relation":"supports","source_id":"s1"}],"assertion":"By a separate order the same day the court removed the lawyer, directed the appointment of replacement counsel, locked the briefs he had filed and reset the briefing schedule, which the court said further delayed resolution of the defendant's criminal appeal.","causal_attribution":"The court's own account of its separate order and of the delay."},{"id":"c6","status":"documented","evidence":[{"locator":"'utilizing Westlaw CoCounsel “in this way for a Court of Appeals brief.”'; 'has never been disciplined over his 40-year career'; 'candor in acknowledging his improper use of artificial intelligence.'","relation":"supports","source_id":"s1"},{"locator":"'first time utilizing Westlaw CoCounsel \"in this way for a Court of Appeals brief.\"'; 'has never been disciplined over his 40-year career'; 'his candor in acknowledging his improper use of artificial intelligence.'","relation":"supports","source_id":"s2"}],"assertion":"The lawyer said this was his first use of CoCounsel in this way for an appeals brief and that he had not been disciplined in a 40-year career; the court acknowledged his timely response and candour while finding his conduct inexcusable.","causal_attribution":"The lawyer's explanations and the court's assessment, as the opinion records them; recorded as mitigation."},{"id":"c7","status":"documented","evidence":[{"locator":"'***LOCKED PURSUANT TO ORDER ENTERED 04/03/2026***APPELLANT BRIEF filed by'; 'Certificate of Service: 10/21/2025. Argument Request: not requested. [25-5623]'; '***LOCKED PURSUANT TO ORDER ENTERED 04/03/2026***REPLY BRIEF filed by Attorney'; 'Certificate of Service: 12/26/2025. [25-5623]'","relation":"supports","source_id":"s3"}],"assertion":"The docket records that the principal brief for the defendant was filed on 21 October 2025 and the reply brief on 26 December 2025, and that both entries were locked under the order of 3 April 2026.","causal_attribution":"Clerk docket entries; they date the filings and do not describe their contents."}],"effects":[{"label":"indigent defendant's criminal appeal delayed while replacement counsel files new briefs","claim_id":"c5","direction":"negative"},{"label":"court-appointed lawyer denied compensation for the appeal and referred for disciplinary consideration","claim_id":"c4","direction":"negative"}],"sources":[{"id":"s1","url":"https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0105p-06.pdf","kind":"court_order","access":"read","language":"en","translation_note":"Sixth Circuit published per curiam opinion, No. 25-5623, decided and filed 3 April 2026; PDF read in full (HTTP 200).","independence_group":"sixth-circuit-opinion-3-apr-2026"},{"id":"s2","url":"https://reason.com/volokh/2026/04/09/the-first-tell-was-the-file-name-of-the-principal-brief-cocounsel-skill-results/","kind":"commentary_with_filing_excerpt","access":"read","language":"en","translation_note":"The Volokh Conspiracy (Reason), 9 April 2026, quoting the same opinion at length; read in full (HTTP 200). Same origin as the opinion.","independence_group":"sixth-circuit-opinion-3-apr-2026"},{"id":"s3","url":"https://www.courtlistener.com/api/rest/v4/search/?q=docket_id%3A70724463%20BRIEF&type=rd","kind":"court_docket_index","access":"read","language":"en","translation_note":"CourtListener search API listing of docket entries for Sixth Circuit No. 25-5623 (RECAP), read on 2026-10-19 (HTTP 200); entry descriptions as entered by the clerk. Party and counsel names in the entries are not reproduced.","independence_group":"sixth-circuit-docket-25-5623"}],"version":1,"ai_roles":["own_use","others_use"],"contexts":["justice","work"],"unknowns":["How long the appeal is delayed, and the outcome of any disciplinary proceedings."],"geography":{"basis":"The appeal is from the U.S. District Court for the Eastern District of Kentucky to the U.S. Court of Appeals for the Sixth Circuit, and the lawyer practises in Kentucky (opinion).","court_countries":["US"],"event_countries":["US"],"affected_person_countries":["US"]},"publication":{"basis":"Published with communicated_with and informed_decision_about: the court documents that a court-appointed defence lawyer filed briefs drafted with Westlaw's CoCounsel that carried quotations found in no authority, and, acting on those briefs, removed him, ordered new counsel and briefing that delayed the indigent defendant's criminal appeal, and denied him compensation. The harm reaches a criminal defendant who did not use the tool.","reviewed_on":"2026-10-19"},"ai_involvement":{"basis":"The court found that the principal brief's file name was 'CoCounsel Skill Results' and that three quotations in the briefs appear in no legal authority. The lawyer admitted that a staff member used Westlaw's CoCounsel to produce the first draft, that he repeated the process for the reply, and that the false quotations were produced by artificial intelligence. Reading those briefs, the court removed him, ordered new counsel and new briefs for the defendant, and denied him compensation.","status":"supported"},"person_relations":["communicated_with","informed_decision_about"]},"name":"Sixth Circuit removes court-appointed defence lawyer over CoCounsel-drafted briefs with false quotations, delaying an indigent defendant's appeal","summary":"In a published opinion of 3 April 2026, the U.S. Court of Appeals for the Sixth Circuit addressed the briefs a lawyer appointed under the Criminal Justice Act had filed for an indigent defendant appealing a sentencing enhancement in a drug-trafficking case. The court noticed that the principal brief's file name was 'CoCounsel Skill Results' and found three quotations that appear in no legal authority and misstatements of two precedents. The lawyer admitted that a staff member had used Westlaw's CoCounsel to create the first draft, that he repeated the process for the reply, and that the false quotations came from artificial intelligence he did not verify. The court denied him compensation for the appeal, referred the opinion for possible disciplinary proceedings and to the Kentucky Bar Association, and by separate order removed him, locked his briefs and ordered replacement counsel to file new ones, which it said further delayed resolution of the defendant's appeal. The court acknowledged his candour and his 40 years without discipline.","incidentDate":"2025-10-21","incidentEndDate":"2026-04-03","incidentKind":"single_event","incidentDatePrecision":"day","exposurePattern":"repeated_interactions","reportedDate":"2026-04-03","aiSystem":"Westlaw CoCounsel (Thomson Reuters), used by a lawyer's staff member to produce the first drafts of a principal and a reply brief","aiProduct":"CoCounsel","aiCompany":"Thomson Reuters","severity":"medium","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["legal_harm","professional_harm","financial_loss"],"harmOutcomeSummary":"The court documents that briefs drafted with Westlaw's CoCounsel and filed unverified by a court-appointed lawyer led it to remove him and order new counsel and briefs, further delaying an indigent defendant's criminal appeal; the lawyer was denied compensation for the appeal and referred for disciplinary consideration.","frameworkFacets":[],"causationStatus":"established","participantUsersAffectedMin":0,"otherPeopleHarmedMin":2,"affectedCountStatus":"exact","affectedCountEvidence":"Two: the defendant, whose appeal the court says was further delayed, and the lawyer, who was denied compensation and referred. The lawyer's staff member ran the tool and is not counted; no other harmed person is described.","victimAgeRange":"adult","jurisdiction":"US","platformType":"other","outcomeType":"regulatory_action","outcomeStatus":"ongoing","primarySourceUrl":"https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0105p-06.pdf","primarySourceLabel":"U.S. Court of Appeals for the Sixth Circuit, No. 25-5623, opinion decided and filed 3 April 2026","firstPublishedAt":"2026-10-19T03:16:56.688661+00:00","updatedAt":"2026-10-19T03:16:56.688661+00:00","scopeVersion":"facts-v3","tags":["legal","ai-fabricated-quotations","court-appointed-counsel","criminal-appeal","sanction","cocounsel"]}]}