David Kluft
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dkluft.bsky.social
David Kluft
@dkluft.bsky.social
1.1K followers 1.2K following 4.4K posts
Assistant Bar Counsel/Prosecutor, Massachusetts Office of Bar Counsel. Legal Ethics and Attorney Discipline. I post #LegalEthics tidbits & pictures of my cat. Account unrelated to my employer. https://www.linkedin.com/in/davidkluft/
Boston/Cambridge, MA
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dkluft.bsky.social
#LegalEthics Tidbit: Can I depose a witness who was my former client in a topically similar case?

A college basketball player sued a University in NE federal court, alleging that the coach pursued a sexual relationship with her while she ... (cont.)

www.courtlistener.com/docket/68261...
#law
Scoggin v. Board of Regents of the University of Nebraska, 4:24-cv-03039 - CourtListener.com
Docket for Scoggin v. Board of Regents of the University of Nebraska, 4:24-cv-03039 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
www.courtlistener.com
October 9, 2026 at 3:12 PM
dkluft.bsky.social
#LegalEthics Tidbit: You can’t turn a brief from frivolous to meritorious by ignoring bad facts.

An AZ Mom petitioned a court to change the name of her eight-year old child. Dad opposed. Mom initially proposed having the child testify as to ... (cont.)

www.azcourts.gov/Portals/0/Cr...
#law #lawsky
Image of woman with hand over her eyes and another hand in a "stop" gesture" by Kaboompics via Pexels
October 9, 2026 at 3:09 PM
Reposted by David Kluft
maiolta.bsky.social
A big thank you to Governor Maura Healey for once again declaring October #ProBonoMonth in Massachusetts! Lawyers, law students, and advocates — find a pro bono volunteer opportunity today to help people who can't afford a lawyer with their critical legal needs: massprobono.org
October 5, 2026 at 1:45 PM
Reposted by David Kluft
maiolta.bsky.social
Reminder for #Massachusetts #lawyers: Detailed instructions and resources for submitting unclaimed or unidentified funds to the #IOLTA Committee in accordance with Rule 1.15 are available on our website here:

🔗 www.maiolta.org/for-attorney...

#lawfirms #attorneys #legalaid
Undistributable IOLTA Funds
Provides state rules and regulations regarding Interest on Lawyers' Trust Accounts (IOLTA).
www.maiolta.org
October 8, 2026 at 4:38 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I omit material facts from my complaint if the boilerplate template I’m using didn’t have a space for them?

A Indian citizen residing in Iowa filed a pro se complaint in IA federal court seeking to compel the ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law
At the end of the complaint, the document again addressed the issue, and contained this statement: It is my understanding an attorney wrote the template for the company, but I have had no communication with that attorney and that attorney did not modify, review, or participate in the drafting of my filings. Rather, like any template, I completed the blanks in the template with the information about my specific case. No attorney assisted me in the process of filling in the blanks in the template.
October 8, 2026 at 1:16 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I’m already down a million bucks, will the court cut me a break on my #AI hallucinations?

A woman in ID knowingly lied about the contents of a drag show in a fraudulent attempt to have the performer arrested, ... (cont.)

api.isc.idaho.gov/uploads/Docu...
#law #lawsky
api.isc.idaho.gov
October 8, 2026 at 1:09 PM
dkluft.bsky.social
#LegalEthics Tidbit: When they tell you to cite a source, you can’t just write the word “source”

A PA lawyer filed a motion that contained six incomplete citations, and “thirteen instances where no legal authority ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
Example of paragraph followed by the word "source"
October 7, 2026 at 12:33 PM
dkluft.bsky.social
#LegalEthics Tidbit: How big a deal is that d!*k pic I just sent to my client?

A WI criminal lawyer attempted to initiate sexual relationships with two clients. In one case, he tried to give his client hugs and backrubs, and during ... (cont.)

www.wicourts.gov/sc/opinion/D...
#law #lawsky
www.wicourts.gov
October 7, 2026 at 12:29 PM
dkluft.bsky.social
#LegalEthics Tidbit: Will the #AI please just get to the point already?

A represented criminal defendant in ME federal court sought leave to file a motion for a new trial that was 80 pages long and that was accompanied ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
The proposed filings are clearly 2 not the work of an organic mind with linguistic talents developed in the crucible of human experience. It is obvious that the entity that drafted them has an artificial intellect that is unconcerned with, for instance, getting to the point. To comment on the filings at length would only serve to reward them. Still, I offer some particularly glaring artificial ticks that are a complete waste of the reader's time. Throughout the motion, the author has taken special care to tell the Court what it is NOT arguing or suggesting. For instance: “Defendant does not ask the Court to accept any of that ..., and does not ask it to revisit ....”
October 6, 2026 at 12:49 PM
dkluft.bsky.social
#LegalEthics Tidbit: If an #AI bro tells you that ChatGPT has “fixed the fabrication problem,” don’t “buy into the hype.”

A NY lawyer submitted a brief containing case quotations and holdings hallucinated by ChatGPT, and then ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
The only other time I used a large language model for legal research was in December 2025 for the opposition briefs at issue. About that time an acquaintance who works in the AI industry was talking about the amazing capabilities of AI, and I responded with my story of being fed fake cases months prior. He told me that they are constantly making improvements, that ChatGPT has changed enormously in the ensuing months, and that ChatGPT fixed the fabrication problem. I bought into the hype. When I tried it again in December 2025 for these opposition briefs, I was on guard for nonexistent cases and wholly irrelevant cases. I looked up every case it fed me and confirmed it was a real case, in the proper jurisdiction, and I quickly reviewed each case to be sure it dealt with the relevant subject matter. It did not occur to me that the tool could or would invent quotes from these real cases or invert their holdings.
October 6, 2026 at 12:45 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I have a choice, should I have sex with my client in Pennsylvania or New York?

A PA/NY lawyer was suspended by the PA Supreme Court for 3 years (2 years stayed) for engaging in sexual relationship with a ... (cont.)

decisions.courts.state.ny.us/ad3/Decision...
#law #lawsky
Image by Maik Poblocki via Pexels. Map of Pennsylvania and New York.
October 5, 2026 at 12:32 PM
dkluft.bsky.social
#LegalEthics Tidbit: Is the judge ethically required to report my #AI misuse to disciplinary authorities?

A NY referee (who under NY law is bound by the judicial rules of conduct) asked the Advisory Committee on Judicial ... (cont.)

nycourts.gov/ipjudicialethicsopinions/26-37.htm
#law #lawsky
nycourts.gov
October 5, 2026 at 12:26 PM
dkluft.bsky.social
The city is putting up a great mural at the empty building next to our house that was supposed to be knocked down and replaced with something new.

Good news: we get a nice mural.

Bad news: I think this means they anticipate that building sitting empty for a very long time.
October 4, 2026 at 6:56 PM
dkluft.bsky.social
Happy #Caturday from Derry Girl, who now knows that the asters smell better than they taste. #cats #catsofbluesky #tortie
Tortoise shell cat smelling asters Tortoise shell cat with tongue out after having tasted asters
October 3, 2026 at 2:03 PM
dkluft.bsky.social
#LegalEthics Tidbit: Is incivility a valid basis for sanctions?

During a NY litigation, opposing counsel were “periodically at loggerheads and engaging in sporadic kerfuffles and disagreements.” This escalated during a meet and ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
Man pounding table. Image by Andrea Piacquadio via Pexels
October 2, 2026 at 1:41 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can the family of a murder victim use #AI to have the victim testify at the murder trial?

An AZ road rage incident ended in a death, then murder charges, and then a manslaughter conviction. At the ... (cont.)

coa1.azcourts.gov/Portals/1/Op...
#law #lawsky
At that point, an AI video, which depicted the “victim” speaking to the camera, was played. The video began with the AI victim explaining that the video was a “version” of himself “recreated through AI that use[d] [his] picture and [his] voice profile.” Then, a “real” video of the victim, embedded within the AI video, played, in which the victim conveyed his faith and spiritual beliefs to an unidentified individual. When the video of the victim ended, the AI victim reappeared and stated that the AI video “is a true representation of who [he] was ... not how the courtroom portrayed [him].” (Emphasis added). After the AI victim thanked the court and his friends and family in attendance, he addressed Horcasitas—stating in part, “I believe in forgiveness and in God who forgives.” The AI victim then ended his remarks by conveying his love for his friends and family and assuring them he would see them “on the other side,” while what appears to be another embedded “real” video showed him fishing.
October 2, 2026 at 1:37 PM
dkluft.bsky.social
#LegalEthics Tidbit: Is it reasonable for the partner to check every citation included by the associate?

A CA law firm submitted a petition to the Appellate Division of the Superior Court. The cover page listed the firm named partner ... (cont.)

www.courts.ca.gov/opinions/doc...
#law #lawsky #ai
www.courts.ca.gov
October 1, 2026 at 12:58 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can the opposing party get me disqualified by threatening me?

A MN lawyer represented Wife in divorce proceedings. As soon as the lawyer appeared, Husband started emailing the lawyer, “wishing death upon him and ... (cont.)

mn.gov/law-library-...
#law #lawsky
EVERY F-CKING TIME I SEE THAT CORRUPT PIECE OF SH-T'S NAME ON ANOTHER GOD DAMN DOCUMENT, OR F-CKING EMAIL, I WANT TO DO WHATEVER IS F-CKING NECESSARY TO ENSURE THAT CORRUPT F-CK GET WHAT HE F-CKING DESERVES! *2 THROW THE SCUMBAG F-CK IN PRISON, THROW AWAY THE F-CKING KEY, OR BETTER YET, PUT THE F-CKER DOWN. .... KILL YOURSELF YOU CRIMINAL F-CK, YOUR CHILDREN WOULD BE BETTER OFF AS F-CKING ORPHANS, RATHER THAN HAVE A SCUMBAG LIKE YOU AS A F-CKING ROLE MODEL.
October 1, 2026 at 12:54 PM
dkluft.bsky.social
#LegalEthics Tidbit: Overruled cases are not good substitutes for hallucinated ones

A FL lawyer tried to get opposing counsel disqualified and ended up getting himself sanctioned. After the motion to disqualify was denied, he filed a ... (cont.)

law.justia.com/cases/florid...
#law #AI #lawsky
During multi-jurisdictional research (to find exact match not found in Florida), the Ohio decision was inadvertently assigned the Florida Fourth District Court of Appeal – thereby making the citation a clear transcription error during final compilation.
September 30, 2026 at 1:40 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I know the judge should recuse herself, but I don’t want her to, can I keep my mouth shut?

Judges may be disqualified from a case for a number of reasons, including a personal relationship with a party, an ... (cont.)

www.americanbar.org/content/dam/...
#law #lawsky
Woman holding hand to mouth as if surprised. Image by Andrea Piacquadio via Pexels
September 30, 2026 at 1:28 PM
dkluft.bsky.social
#LegalEthics Tidbit: If my opponent’s expert relied on #AI, should I get extra time to find an #AI rebuttal expert?

During day one of a two-day expert deposition in a NV civil case, the plaintiff’s law enforcement training expert ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
September 29, 2026 at 12:24 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I be disqualified from being adverse to a former client’s corporate affiliate?

An Umbrella Company owned Affiliates A, B and C, which in turn bought up other entities – all of which were debt ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
September 29, 2026 at 12:21 PM
dkluft.bsky.social
#LegalEthics Tidbit: I’m not using #AI, I’m just a very creative brief writer!

A GA attorney submitted motions in federal court that included hallmarks of artificial intelligence misuse, including fake cases and misrepresentations ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
THE COURT: But I have a question for you, Mr. Johnson. Do you have a response to the allegations that some of those cases you cited are nonexistent or incorrectly cited the cases — MR. JOHNSON: I don’t have — THE COURT: Hold on. Let me finish my question . . . cited to the propositions that you represented it stood for? MR. JOHNSON: I do not have a response to that, Your Honor, today. THE COURT: You do not have a response? MR. JOHNSON: I don’t have it in front me to cross-reference what defense counsel’s talking about. THE COURT: Did you use any artificial intelligence tools to prepare your briefs? MR. JOHNSON: Not that I know of, Your Honor. THE COURT: Not that you know of? MR. JOHNSON: Yes, Your Honor. THE COURT: It seems like something that you would know. MR. JOHNSON: Yes, Your Honor. THE COURT: So did you or did you not? MR. JOHNSON: I did not, Your Honor.
September 28, 2026 at 2:07 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can the court deny my pro hac vice application just because I put my name on a filing (with the words "pro hac vice motion forthcoming") before applying?

A national hotel chain was sued in AR state court. The ... (cont.)

opinions.arcourts.gov/ark/supremec...
#law #lawsky
September 28, 2026 at 1:59 PM
dkluft.bsky.social
Happy #Caturday from Derry Girl, who is hugging her favorite scratching stick. #cats #tortie #catsofbluesky
Tortoise shell cat lying on her back hugging a large stick
September 26, 2026 at 1:29 PM