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David Kluft
David Kluft
@dkluft@mastodon.sdf.org  ·  activity timestamp 2 weeks ago

#LegalEthics Tidbit: Should the Court reduce the attorneys’ fee award against me if opposing counsel could have saved money by using #AI?

In a CO trade secret litigation, the defendants moved for $114k in attorneys’ fees against the pro se plaintiff after winning a motion to dismiss, pursuant to a CO fee shifting statute. In opposition to the fee request, the plaintiff argued that defense counsel “should have spent less time on their written ... (cont.)

https://www.linkedin.com/posts/davidkluft_flux-drive-v-sparks-activity-7420087846163865601-PIIg?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAN_UBcBPBM_ohh5PF4QzCD5EXWYFgCyHwQ
#law

Caption and first page of Flux Drive v. Sparks, which is available at the link.
Caption and first page of Flux Drive v. Sparks, which is available at the link.
Caption and first page of Flux Drive v. Sparks, which is available at the link.

Flux Drive v. Sparks | David Kluft

#LegalEthics Tidbit: Should the Court reduce the attorneys’ fee award against me if opposing counsel could have saved money by using #AI? In a CO trade secret litigation, the defendants moved for $114k in attorneys’ fees against the pro se plaintiff after winning a motion to dismiss, pursuant to a CO fee shifting statute. In opposition to the fee request, the plaintiff argued that defense counsel “should have spent less time on their written product because large firms now generally use artificial intelligence.” Defense counsel responded that “consistent with Rule 11, [we] would never use artificial intelligence as a substitute for [our] duties to the Court .. Defendants cannot be punished for selecting counsel that understands the ethical risks of reliance on artificial intelligence.” The Court heartily agreed with defense counsel and awarded the full amount requested. #law
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David Kluft
David Kluft
@dkluft@mastodon.sdf.org replied  ·  activity timestamp 2 weeks ago

... product because large firms now generally use artificial intelligence.” Defense counsel responded that “consistent with Rule 11, [we] would never use artificial intelligence as a substitute for [our] duties to the Court .. Defendants cannot be punished for selecting counsel that understands the ethical risks of reliance on artificial intelligence.” The Court heartily agreed with defense counsel and awarded the full amount requested.

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Kunal Mehta
Kunal Mehta
@legoktm@wikis.world replied  ·  activity timestamp 2 weeks ago

@dkluft wow. A bit of a self burn too, "our case was so bad that even AI could've beaten us"

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