Another cautionary tale: Lawyers fined for AI-generated Legal Documents

 

At first I thought the story of an attorney being sanctioned by the court for submitting a legal brief with AI fabrications had to be an urban legend, but recently I began to learn about the relatively large number of cases with the same theme. 

The case of Mata v. Avianca, Inc. Case 1:22-cv-01461-PKC   Document 54, United States District Court, Southern District of New York shows that the cases of the AI-generated briefs are not urban legends. The Court held in part:

In researching and drafting court submissions, good lawyers appropriately obtain assistance from junior lawyers, law students, contract lawyers, legal encyclopedias and databases such as Westlaw and LexisNexis.  Technological advances are commonplace and there is nothing inherently improper about using a reliable artificial intelligence tool for assistance.  But existing rules impose a gatekeeping role on attorneys to ensure the accuracy of their filings.  Rule 11, Fed. R. Civ. P.  Peter LoDuca, Steven A. Schwartz and the law firm of Levidow, Levidow & Oberman P.C. (the “Levidow Firm”) (collectively, “Respondents”) abandoned their responsibilities when they submitted non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT, then continued to stand by the fake opinions after judicial orders called their existence into question.

In my extensive court experience it was not uncommon to find an attorney citing a case that either did not apply to the issues before the court or did not exist at all and this was long before the existence of generative AI. According to the latest data from researchers tracking this trend (notably Damien Charlotin of HEC Paris), there have been over 1,200 documented instances worldwide, with approximately 800 of those occurring in U.S. courts. See Kaste, Martin. “Penalties Stack up as AI Spreads through the Legal System.” WGCU News | PBS & NPR for Southwest Florida, April 3, 2026. https://www.wgcu.org/2026-04-03/penalties-stack-up-as-ai-spreads-through-the-legal-system.

The irony of all these cases is that there are AI solutions that could be used to avoid the issues and still give substantial support to the judicial process. If the attorneys, or whomever, knew more about how to use AI and their own legal skills. all these cases could be avoided. However, I do have several suggested lessons that we should all learn. 

#1 AI is not a toy, it is a highly sophisticated tool and it takes a measurable amount of time and effort to learn how it can and should be used. 

#2 Read the fine print. This is actually Rule Ten of The Rules of Genealogy. See https://genealogysstar.blogspot.com/2025/10/another-new-rule-of-genealogy-for-2025.html Not only do you need to check your sources when doing genealogical research, you need to read the case law in the legal world. 

#3 String cites ask for trouble. If you don't understand this lesson, then you don't know a lot about the legal profession.

#4 Ultimately, you have to know how to ask AI questions and how to give commands and more than both of these, don't trust anything you haven't verified for yourself. 

That's probably enough suggested lessons for today. 

Precision Inquiry: The real core of using AI for research

 

When the current wave of generative AI came out, the main draw seemed to be the Natural Language Interface (NLI). The NLI is not Voice Recognition. Voice Recognition is the "ears" (turning sound into text), while a Natural Language Interface (NLI) is the "brain" (understanding what that text actually means). But in a real sense, when you communicate with a computer, even with a NLI, you cannot assume that the computer "understands" what you are saying. You cannot have a functional "assistant" with only voice recognition, as it would just be a very fast typewriter that doesn't know how to follow orders.

In order to obtain reasonable research responses, it is important to understand how to ask AI questions and give AI directions. The accuracy and value of AI responses (chats) relies heavily on the structure and content of the directions it is given with which to respond. In short, you need to learn how to communicate with AI and realize that the level of accuracy of AI's response rests primarily on the instructions it is given. 

Fortunately, you can ask an AI chatbot how to ask questions and give directions. To get started, here are the two questions to ask AI:

How do I ask you questions?

How do I create a prompt?

Now, if you ask a question, before you click on the enter button, you might add another question:

Is the anyway to ask this question better?

If you draft a prompt or copy one from an online video or other source, ask the AI chatbot to suggest a better prompt. Many of the common AI programs have a way to assist you in clarifying your instructions. Google has an integrated program called Gems that appears on the Gemini window. You can ask Gemini for step-by-step instructions about how to write prompts using Gems. You can also ask Gemini to give you a prompt on a specific topic such as in-depth research or identifying photographs. 

Here is an example of prompt for identifying old photos that was written by Gemini from my earlier attempts.

Purpose and Role:

You are the "Photo ID Specialist," an elite AI persona possessing the combined expertise of a Master Photographer, a Social Historian, and a Board-Certified Genealogist. Your mission is to analyze historical imagery with forensic-level detail to help researchers date photos, identify subjects, and place ancestors within their correct historical and social context.

Step-by-Step Analysis Protocol:

When a user provides a photo or description, you must evaluate it through these four lenses:

Material & Process: Identify the medium (e.g., Daguerreotype, Tintype, Albumen Print, Cabinet Card, RPPC). Explain the chemical or physical indicators that led to this conclusion and the specific year range the process was prevalent.

Fashion & Grooming Forensics: Analyze clothing (collar shapes, sleeve widths, button styles, fabrics) and hairstyles. Use these as primary markers for dating within a 3–5 year window.

Studio & Social Context: Examine backdrops, props (e.g., "hidden mother" chairs, ornate pedestals), and studio stamps/imprints. Note the social class suggested by the subject's attire and "theatricality."

Provenance & Epigraphy: Analyze any handwritten notes, photographer marks, or postal stamps (for postcards) to narrow down the geographic location and specific timeframe.

Rules for Interaction:

Request the "Reverse": Always ask if an image of the back of the photo is available, as the mount or handwritten notes are often more "evidentiary" than the image itself.

The "Evidence First" Rule: Before giving a final date estimate, list the visual observations (the "evidence") that support your conclusion.

Genealogical Bridge: Always suggest how the identified date/location helps narrow down specific census records or vital records for the user.

Output Structure (Required Format):

To maintain a professional and scholarly tone, organize your findings as follows:

### Executive Summary: A 1-sentence "Best Guess" for the date and location.

### Physical Analysis: Description of the photographic process and physical condition.

### Fashion & Visual Markers: Detailed breakdown of clothing/style cues.

### Historical Context: What was happening in that region/era that influenced this photo?

### Genealogical Recommendations: Specific "Next Steps" for the family researcher.

### Clarifying Questions: Ask for specific missing details (e.g., "Are there any tax stamps on the back?").

Tone and Voice:

Meticulous & Scholarly: Use precise terminology (e.g., "Leg-o-mutton sleeves," "Foxing," "Emulsion").

Empathetic: Acknowledge the sentimental value of these "shadows of the past."

Yes, it is long and complicated but it works. 

A Family History of the Irish Famine

 https://www.findmypast.com/a-family-history-of

https://www.youtube.com/@AFamilyHistoryOf

A Family History of the Irish Famine, continues the "A Family History of..." series from Findmypast.com hosted by genealogist and research specialist, Jen Baldwin. Here is a summary of the Press Release. 

In anticipation of the April release of the 1926 Irish Census, a powerful four-part podcast series titled A Family History Of The Irish Famine was launched on all streaming platforms on Tuesday, March 31, 2026. Hosted by genealogist and research specialist Jen Baldwin, the series examines the Great Famine through the life of her own ancestor, Archibald McKenzie. She is joined by guest historian Fiona Fitzsimons from Trinity College Dublin, who provides expert insight into the social and political forces that influenced Archibald’s journey.

Archibald’s story begins with his respectable life in County Cork before tracing his descent into poverty and his confrontations with the law. The narrative eventually follows his desperate bid to escape Ireland through the lesser-known chain-migration pathway. Using a variety of archival sources including census records, parish registers, and court documents, the podcast reconstructs Archibald’s world to provide an intimate portrait of resilience and the devastating human cost of this historical period.

This production is part of the weekly podcast A Family History Of..., which explores significant moments in British and Irish history through the lens of real families. The program has previously featured a series on wartime women and will continue with several upcoming themed series. Future installments are set to cover the 1926 General Strike, the Dardanelles Campaign of Gallipoli, and the Battle of the Somme. Listeners can also find bonus episodes and detailed research material on the podcast website.

The series is produced by Findmypast.com, a British and Irish genealogy platform owned by the family-run publishing company DC Thomson. By partnering with institutions like the British Library and The National Archives, the platform provides access to over a thousand years of historical records, helping individuals discover the stories and context of their ancestors' lives.

MyHeritage Founder and CEO Gilad Japhet at RootsTech 2026

 

https://youtu.be/P5QdO_SYgoc?si=aUym21jaQV_6Vcez

One of the highlights of RootsTech 2026 is the session with Gilad Japhet, the Founder and CEO of MyHeritage where he speaks about what is new and what is coming MyHeritage.com. You can click above to see the entire presentation. 

Here is a summary of the announcements made during his presentation. 

 Gilad Japhet presented a vision of genealogy that blends deep historical analysis with cutting-edge artificial intelligence. The centerpiece of the presentation was the launch of Scribe AI, a tool designed to act as a "personal historian assistant." Unlike standard transcription services, Scribe AI can classify various items—from handwritten letters to gravestones—and provide rich historical context, such as identifying fashion trends in old photos to narrow down a specific date or recognizing cultural symbols like "visitation stones" on Jewish graves.

The presentation also highlighted a major shift in how users visualize and interact with their family data:

Country Coding: A new, free feature that adds national or state flags directly to family tree views. This isn't just aesthetic; it’s designed to help researchers visually identify migration patterns and spot "missing flags" that indicate gaps in their research.

Family Infographics: Moving beyond traditional charts, this feature generates stylized, "poster-worthy" summaries of an ancestor’s life, including a "Quilt" template inspired by genealogy expert Roberta Estes.

AI Video Innovations: Gilad showcased "Life Tribute" and "Walk of Life," experimental features that animate old photos chronologically or allow users to "walk" alongside AI-rendered versions of their ancestors in their youth.

On the data and DNA front, MyHeritage has completed a full transition to Whole Genome Sequencing, moving from testing 700,000 markers to 3 billion. This massive increase in data is expected to significantly improve matching accuracy and ethnicity estimates. Gilad also provided a thrilling update on the Artifact DNA project, sharing a success story where DNA was successfully extracted from a 70-year-old letter written by composer Arnold Schoenberg, resulting in a high-quality DNA match for his grandson.

Finally, the expansion of OldNews.com (https://www.oldnews.com) remains a priority, with the platform now hosting over 438 million newspaper pages. The latest technological leap there involves structured record extraction for non-English papers, starting with Spanish and Dutch collections, which automatically translates and organizes "juicy" historical stories into searchable genealogical data.

From the standpoint of those who also use FamilySearch.org, there is now an active link between MyHeritage.com and the FamilySearch Family Tree that allows users to connect with their MyHeritage family tree and move source citations directly from MyHeritage to FamilySearch Sources. 

This blog post used assistance from Google Gemini. 

One Key to Breaking Down Colonial Brick Walls

https://youtu.be/aP6-qfZXkYk?si=5GzxJJLdRIj32Rut
 

This is a summary of the video with links to the appropriate part of the video. It was extracted from the video by Google Gemini. This summary can now be used as a handout for the video. 

Imagine you’re tracing your family tree back through the centuries, and you finally reach the 1700s. Suddenly, you hit a "brick wall." Your ancestor seemingly magically appears in a colonial port like Virginia or Maryland, already established with a small plot of land or a trade, but with absolutely no record of where they came from or how they crossed the Atlantic.

In his deep dive into colonial history, James Tanner argues that this isn't a failure of your research—it's a symptom of a hidden history.

The Great Colonial "Disappearing Act"

For a long time, the American narrative preferred the image of the "brave pioneer" who arrived with a trunk full of dreams and a bit of gold. But the data tells a different story. Between one-half and two-thirds of all European settlers who arrived before the Revolutionary War didn't come as free agents; they arrived in "servile status."

If your ancestor is at the end of a line you can’t break, there is a 2-to-1 probability that they were either an indentured servant, a transported convict, or an enslaved person. Because of the social stigma attached to these origins, families often spent generations systematically "scrubbing" their history, leading to the lack of traditional records we see today.

Three Paths to the New World

The video breaks down the reality of these arrivals into three distinct, often brutal, categories:

• The Indentured: These were men, women, and children who signed away four to seven years of their lives in exchange for passage. Some signed willingly; others were "shanghaied" off the streets of London. If they survived the grueling mortality rates—which could hit 50% in the Chesapeake—they were given "Freedom Dues" (usually a suit of clothes and a few tools) and left to blend into the population.

• The Transported: Britain essentially used the American colonies as a pressure valve for its overcrowded prisons. Between 1670 and the mid-19th century, over 70,000 convicts were shipped to the Americas for crimes as minor as stealing a loaf of bread. Unlike Australia, which celebrates its "convict stain," American families historically buried these records to appear "respectable."

• The Enslaved: Starting in 1619 Jamestown, the importation of enslaved Africans fundamentally shaped the continent. Tanner points out a critical historical correction: slavery was first legalized in the North (Massachusetts, 1641), not the South. While millions were brought over, the records for these ancestors are often buried in property deeds and probate lists rather than birth certificates.

Breaking the Wall with Modern Tools

The good news? We are living in a "Golden Age" for breaking these specific brick walls. The traditional method of manual indexing (people typing out names they see on old scans) often fails because the handwriting is too messy or the "Long S" (which looks like an 'f') confuses the eye.

This is where AI and Full Text Search come in. Platforms like FamilySearch are now using high-level OCR to make the entire document searchable. You are no longer looking for a name in an index; you are looking for a mention of a "contract," "freedom dues," or a specific "plantation name" deep within a 300-year-old probate file.

The Road Ahead

If you suspect your ancestor had a forced or contracted arrival, your next steps involve moving away from "Passenger Lists" and diving into the "Abyss of Manuscripts." Look for the "10 Million Names" project or search colonial court records for mentions of contract sales. Your ancestors didn't just appear out of thin air—they were written into the legal and economic fabric of the colonies, and the records are finally becoming searchable.

Comparison of a FamilySearch Full-Text Search transcription and a Google Gemini Pro transcription

 "Newport, Rhode Island, United States records," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSR8-JK8L?view=explore : Mar 21, 2026), image 196 of 1100; . Image Group Number: 008300396

This is a record of a court case in Rhode Island in 1769. To start out, I can easily read and understand this whole document because of my time spent reading town and legal records in Rhode Island in the 18th Century. As you might know, I also have a legal background and understand what was decided in this particular case. The copy of the document was found by the Full-text search app on the FamilySearch.org website. 

Here is the transcription from the FamilySearch Full-text search.

368 64 Weaver Wyatt 27 Hazard her Goddard & 32 . ┃ James his Tanner & Dan November Court 1769 Peter Weaver of Swanzey in the County of Bristol in the Province of the Massa chusetts Bay & Yeoman Plain Lemuel Watt of Newport in the County of Newport Merch Defend In an action of the Case that he the Defend keep and perform his Promise and sumption to the plain made Damage forty pounds Lawful Money The Case was pleaded and committed to the Jury who returned a verdict in the Words We find for the Plaint Eighty seven Dollars and Cost It is therefore considered that the said Peter recover & have of the said Lemuel the Sum of Eighty seven Dollars and Cost of Suit taxed at 1.17 . Both land and Deft appeal to the next Superior Court of Indicature Bonds given John Perry Oliver Carl Jury James Tanner F. Benjamin Wilbour Wilkins Treby William Holt Richard Partelo Lemuel Witherell Ezra Browned Clarke Brown & William Leckham & George Brownell 

The issue here is that there are a number of mistranscriptions and the parsing or placement of the text is garbled. There is also an issue with Contextual Understanding of the text. Below is the complete transcription and explanation of the court case by Google Gemini Pro. These two transcriptions illustrate the need for those using FamilySearch transcriptions to realize that the transcription may be inaccurate and misleading and second to use another method of transcription such as Google Gemini to verify and understand the record. By the way, the Google Gemini transcription is more accurate and than anything I could produce myself. 

Full Transcription

[Left Margin:] 318 64 Weaver v [?] Wyatt in

[Main Body:] November Court 1769.

Peter Weaver of Swansey in the County of Bristol in the Province of the Massa- -chusetts Bay &c Yeoman Plain[tiff]. Lemuel Wyatt of Newport in the County of Newport Merch[an]t. Defend[an]t. In an Action of the Case that he the Defend[an]t. keep and perform his Promise and As- -sumption to the Plain[tiff]. made Damage forty Pounds Lawful Money The Case was pleaded and committed to the Jury who return'd a Verdict in these Words "We find for the Plain[tiff]. Eighty Seven Dollars and Cost" It is therefore Considered that the said Peter recover & have of the said Lemuel the Sum of Eighty Seven Dollars and Cost of suit taxed at £1. 17. 4 ½ Both Plain[tiff]. and Def[endan]t. Appeal to the next Superior Court of Judicature & Bonds given

[Jury List:] Jury James Tanner Jr. [highlighted] William Holt Richard Partelo

Benjamin Wilbour Lemuel Wetherill Clarke Brown

Wilkins Treby Ezra Brownell William Peckham

John Perry Oliver Earl George Brownell

---

Full English Translation (Modernized Reading)

Note: As the original document is written in English, I have provided a modernized expansion of the historical abbreviations and legal shorthand to ensure clarity for research purposes.

November Court, 1769.

Peter Weaver of Swansea, in the County of Bristol, in the Province of the Massachusetts Bay, etcetera, Yeoman, Plaintiff. Lemuel Wyatt of Newport, in the County of Newport, Merchant, Defendant. In an Action of the Case [a civil lawsuit], that he, the Defendant, keep and perform his promise and assumption [a contractual obligation or debt] made to the Plaintiff. Damages [sought]: forty pounds, lawful money.

The case was pleaded and committed to the jury, who returned a verdict in these words: "We find for the Plaintiff, eighty-seven dollars and costs." It is therefore considered that the said Peter recover and have of the said Lemuel the sum of eighty-seven dollars, and the costs of the suit, taxed at 1 pound, 17 shillings, and 4.5 pence. Both Plaintiff and Defendant appeal to the next Superior Court of Judicature, and bonds are given.

Jury: James Tanner Jr., William Holt, Richard Partelo, Benjamin Wilbour, Lemuel Wetherill, Clarke Brown, Wilkins Treby, Ezra Brownell, William Peckham, John Perry, Oliver Earl, George Brownell.

---

Genealogical Analysis

This document is highly informative for tracing individuals in the intersecting regions of Bristol County, Massachusetts, and Newport County, Rhode Island, during the late colonial period.

Key Findings:

• Primary Parties & Socioeconomic Status:

  • Peter Weaver (Plaintiff): Identified as a "Yeoman" (a land-owning farmer) residing in Swansea, Bristol County, Massachusetts.

  • Lemuel Wyatt (Defendant): Identified as a "Merchant" residing in Newport, Newport County (Rhode Island). The interstate nature of this lawsuit highlights the deep economic ties between maritime Newport and agricultural Swansea.

• The Highlighted Subject: James Tanner Jr.

  • You have highlighted the name James Tanner Jr. in the jury list. The presence of the "Jr." suffix is a vital genealogical clue. It strongly implies that there was an older, living James Tanner (presumably his father or an older uncle) residing in or near the jurisdiction of this court in 1769 to necessitate the distinction.

  • Serving on a jury in 1769 required a man to be a freeholder (property owner) of legal age (usually 21 or older). This places James Tanner Jr.'s birth year at or before 1748.

• Location and Jurisdiction: * Given the defendant's residence and the historical makeup of the jury pool (names like Treby, Peckham, and Brownell are deeply rooted in Rhode Island history), this is likely a Newport County court record, handling a civil suit brought by a Massachusetts resident.

• Currency Anomalies: The document shows an interesting transitional financial period. Damages were sought in "Pounds Lawful Money," court costs were taxed in British currency (£1. 17s. 4½d), but the jury awarded damages in "Eighty Seven Dollars" (referring to Spanish milled dollars, which were heavily circulated in maritime colonies like Rhode Island).

Navigating the Servile Barrier: Researching Indentured, Transported, and Enslaved Ancestors

https://youtu.be/aP6-qfZXkYk?si=pzDl0Og-66D18cc-

Note: The time link refer to the video.

A "brick wall" is a common frustration for genealogists, particularly when an ancestor seems to "magically appear" in the American colonies with no discernible connection to an overseas origin. For many researchers, this missing link is not a matter of lost records, but a misunderstanding of the ancestor’s original legal status. As this post illustrates, a vast majority of early immigrants to North America arrived not as free settlers, but in "servile status." Understanding the intersection of traditional historical research and emerging AI-driven full-text search is now the definitive way to reclaim these erased identities.

---

The Statistical Reality: Most Early Immigrants Were Not "Free"

In the current genealogical landscape, there is often a subconscious bias toward the "free immigrant" narrative. However, the historical data suggests a different reality. Between 1630 and the American Revolution, approximately one-half to two-thirds of all European settlers arrived as indentured servants [04:38].

In areas like Virginia and Maryland, the numbers are even more stark; up to two-thirds of English migrants arrived in a servile state [06:54]. If your ancestral line ends abruptly in the 17th or 18th century with a prominent land-owning citizen, "the researcher" must consider the high probability that the early immigrant began their American journey under a contract of indenture.

The Indentured Experience: Contracts and "Freedom Dues"

An indentured servant was a man, woman, or child who signed a contract—an "indenture"—to work without salary for a specific master for a set duration, typically four to seven years [02:10].

• The Contractual Nature: These indentures were legally considered "choses in action" or personal property. They could be bought, sold, and traded [08:06].

• The Reality of Survival: Mortality rates were devastatingly high. In the Chesapeake area during the 17th century, 50% of indentured servants died before completing their terms [13:10].

• The "Freedom Dues": Upon completion of their term, those who survived were released and given "freedom dues," which often included a suit of clothes, tools, or a small amount of land [03:55].

"The stigma from being indentured was often enough that people would change their names after the indenture... they would simply move to a different part of the country where they were unknown." [10:01]

The Transported: Criminalizing Nonconformity

"Transported" individuals represent a distinct category: those sent to the colonies against their will as a form of criminal punishment. While Australia is famous for its penal colonies, North America received between 69,000 and 74,000 convicts from Great Britain and Ireland before the mid-19th century [21:03].

Many of these individuals were not "hardened criminals" in the modern sense but were "nonconformists"—individuals such as Methodists, Baptists, or Quakers whose religious practices were criminalized by the Church of England [27:14]. Because the British government viewed shipping convicts as cheaper than building prisons, these ancestors were often sold into labor upon arrival to recoup the costs of their transportation [26:59].

Tracing Enslaved Ancestors: From 1870 to the "Great Migration"

Researching enslaved ancestors requires a specialized methodology that bridges the gap between the 1870 US Federal Census and the arrival of the first 20 odd individuals in Jamestown in 1619 [34:26].

The Research Methodology:

1. Work Backward: Establish the family line firmly in the 1870 census, the first to name formerly enslaved people.

2. The "Great Migration" Context: Roughly 6 million African-Americans moved from the South to Northern cities like Chicago and New York between 1870 and 1960 [39:32]. Tracing these urban ancestors back to their Southern origins is a prerequisite for finding earlier records.

3. Plantation Records & Deeds: Before 1865, enslaved individuals were often recorded as property in probate records and deeds [40:46].

---

AI Spotlight: The Revolution of Full-Text Search

The most significant advancement in this field is the implementation of AI-driven full-text search (specifically on platforms like FamilySearch). Traditionally, searching for an indentured or enslaved ancestor required manually scrolling through thousands of unindexed probate images.

How it Works: Modern AI models utilize OCR (Optical Character Recognition) and transformer models to "read" handwritten documents. This allows researchers to search for specific surnames or locations directly within the body of a deed or an estate inventory—records that were previously "unsearchable" [01:18].

Pro-Tip for Researchers: When using AI transcription tools (like Google Gemini), be aware of "long S" characters (which look like "f") in 17th-century documents. You can prompt the AI to: "Translate this 17th-century indenture into modern English and list all named parties" to bypass archaic paleography [11:43].

---

Synthesis & Context: The Importance of Probate

Why are probate records so central to this research? In the colonial era, if the parents of a child died, the child was often legally placed into an indenture by the court to ensure they did not become a financial burden on the parish [18:07]. These "orphan court" records are hidden gems that contain the names of the child, the master, and the terms of service, effectively acting as a birth record for an otherwise "invisible" ancestor.

Key Resources

• FamilySearch Full-Text Search: familysearch.org/search/full-text

• 10 Million Names Project: A collaborative project to identify and link descendants of the 10 million people enslaved in the US.

• DiscoverFreed.org: The Freedman’s Bureau Project database.

• BYU Library Family History Center: For access to specialized slide decks and handouts [10:48].

The summary of this video was assisted by Google Gemini.