this post was submitted on 25 Jun 2023
72 points (97.4% liked)

Technology

59105 readers
3344 users here now

This is a most excellent place for technology news and articles.


Our Rules


  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots


founded 1 year ago
MODERATORS
 

The judge scolded the lawyers for doubling down on their fake citations.

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 1 points 1 year ago (1 children)

Even if you thought it was just a search engine, it's hard to imagine citing a case without independently validating it first.

[–] [email protected] 4 points 1 year ago

Here's the thing, even if you had zero intention of actually reading a case, there are STILL next steps once you get a cite. There is an entire "skill" you're taught in law school called Shepardizing (based on an older set of books that helped with this task) where you have to see if your case has been treated as binding precedent, had distinctions drawn to limit its applicability, or was maybe even overturned. Back when I was learning, the online citators would put up handy-dandy green, yellow, and red icons next to a case, and even the laziest law student would at least make sure everything was green before moving on in a Shepardizing quiz without looking deeper. And even THAT was just for a 1-credit legal research class.

These guys were lazy, cheap (they used "Fast Case" initially when they thought they had a chance in state court; it's a third-rate database that you get for free from your state bar and is indeed often limited to state law), and stupid. They didn't even commit malpractice with due diligence. I can only assume that they were "playing out the string" and extracting money from their client until the Federal case was dismissed with prejudice, but they played stupid games and won stupid prizes.