David Kluft
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dkluft.bsky.social
David Kluft
@dkluft.bsky.social
870 followers 1.2K following 1.9K 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: Should a pro se litigant let #AI ghostwrite his briefs?

A pro se plaintiff in a KY federal court filed a motion to remand to state court and a reply, both of which purported to be “Prepared with the Assistance of an Online Attorney.” ... (Cont.)

lnkd.in/ezXmwb4D

#lawsky #law
Case caption with the words "Prepared By Online Attorney"
November 11, 2025 at 3:07 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I provide unbundled legal services though a virtual chat app?

A CT Attorney asked the bar if he could sell limited scope representations online to defendants in minor criminal matters. Basically, he would never file an appearance in the ... (cont.)

lnkd.in/e3a8Gkip
#law
hands typing on laptop with chat app on the screen. Image by Mikhail Nilov via Pexels
November 11, 2025 at 2:07 PM
dkluft.bsky.social
#LegalEthics Tidbit: Does shifting blame to a young associate ever help avoid #AI sanctions?

A CA firm litigating a dispute in GA submitted objections to a Magistrate’s report. The objections claimed that it was error for the Magistrate ... (cont.)

www.linkedin.com/posts/davidk...

#lawsky #law
Caption and first page of opinion, which is available at the link.
November 10, 2025 at 3:06 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I set up a crowdfunding page for my client, what are the ethical issues I have to watch out for?

A CT attorney representing an indigent mother in a child protection matter set up crowdfunding campaign for her and raised about $1,100. ... (cont.)
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#lawsky #Law
Man in professional clothes working on laptop computer. Image by Antoni Shkraba via Pexels
November 10, 2025 at 3:01 PM
dkluft.bsky.social
The squirrels are going about their business ignoring Derry, who I guess by now has conclusively proven she is not a threat. #cats #catsofbluesky #tortie
Tortoise shell cat sits on fence near squirrel. Tortoise shell cat sits on fence watching squirrel jump from fence to tree.
November 9, 2025 at 1:27 PM
dkluft.bsky.social
Happy #Caturday from Derry Girl, who is listening to the leaves rustle. #cats #tortie #catsofbluesky
Tortoise shell cat sitting on patio furniture on lawn with lots of dead leaves.
November 8, 2025 at 2:11 PM
dkluft.bsky.social
#LegalEthics Tidbit: If a retired attorney representing himself pro se uses #AI -hallucinated citations, should he be held to the same standard as an active attorney?

A NJ attorney on retired status filed a pro se suit in PA federal court. In his objection ... (cont.)

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#lawsky #law
First page and caption of opinion, which is available at the link.
November 7, 2025 at 2:14 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I share privileged materials with opposing counsel if I mark them “ATTORNEY EYES ONLY”?

A bank loaned money to a law firm, with the law firm’s potential settlements and verdicts as collateral. When the firm defaulted on the loan ... (cont.)

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#lawsky #law
Otherwise blank page the header "Re: Case Strategy" and an "For Attorneys Eyes Only" watermark.
November 7, 2025 at 2:11 PM
dkluft.bsky.social
#LegalEthics Tidbit: Is my motion to withdraw protected anti-SLAPP activity?

A CA attorney got in an argument with a client and withdrew a few days before trial on the grounds of a fee dispute. The client got new counsel and lost the case, and later sued the ...(cont)

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#lawsky #law
Image of street sign with silhouette of one person slapping another, crossed out as if to forbid slapping, by Succo via Pixabay
November 6, 2025 at 1:52 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I save time by using the #AI legal research my non-lawyer client gave me?

A TX lawyer in a bankruptcy matter submitted a brief to the court with over thirty false or incorrect citations. When questioned about it by the judge ... (cont.)

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#lawsky #law
THE COURT: This Document 11, the one that’s been referred to here as a “Response,” ... it was drafted by you, correct? MR. KING: In portion, your Honor, ... my client helped, we helped each other solve issues and thoughts, I was working on the factual concerns ... and work she provided to me I took it and looked at it -- THE COURT: Is your client an attorney? MR. KING: No, not at all your Honor, just was essentially helping me with the theories of the case and then when I went forward with it. I just didn’t go all the way through. THE COURT: The law in these 32 cases that you cited, how did you come about it, putting those cases and citations in your pleading? ... How was that developed? MR. KING: The work that my client and I were working on, she provided what she thought was correct, and I accepted it and didn’t necessarily think anything of it, so, I went with it, and -- THE COURT: Did you check any of these cases? MR. KING: I did your Honor, I checked some of them, and that’s what I’m saying to the court, there’s no excuse, I’m owning it but the problem was that I wasn’t using Westlaw at the time ....65 THE COURT: I don’t understand how you came up with some of these cases ... were they generated through some kind of AI platform? MR. KING: Not on my behalf your honor ... THE COURT: Well, have you tried to figure out how they were created, have you asked your client, do I need to put your client on the stand? MR. KING: I don’t know how she came up with some of the concepts ... I don’t know what happened or how it happened, I failed, and I acknowledge that, but I don’t, I didn’t do any AI work ... THE COURT: That still doesn’t answer my question. MR. KING: She may have used AI, your Honor, I’m not saying that she didn’t, I-I don’t know ...66
November 6, 2025 at 1:50 PM
dkluft.bsky.social
#LegalEthics Tidbit: OK, #AI is not reliable for legal research. But it’s really good at accurately summarizing documents, right? RIGHT!?

In response to a summary judgement motion, a TX plaintiff’s lawyer wanted to submit a witness affidavit that compared ... (cont.)

lnkd.in/ePra8vFB
#lawsky #law
First page of opinion, which is available at the link.
November 5, 2025 at 6:29 PM
dkluft.bsky.social
#LegalEthics Tidbit: If opposing counsel accuses me of violating a court order, can I sue them for defamation?

A GA lawyer was ordered to file a document under seal. After he filed it, opposing counsel couldn’t see anything on the docket indicating ... (cont.)

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#lawsky #law
RICHARDSON: James, it appears you did not file the Keunz manual under seal as agreed and as allowed by the [c]ourt, and it appears you are in violation of the protective order by making a public filing. I am copying Keunz's attorney, so he is aware. POTTS: I disagree. It was filed under seal. All my best. POTTS: Mr. Richardson, Your email from September 7, 2023, is false. I did file the [manual] under seal. Retract your false statement publicly and quickly - within 7 days as mandated by OCGA § 51-5-11. If not, I'll seek legal recourse against you and your firm. All my best. RICHARDSON: James, as stated in my email, it appeared from the notice we received below that the manual was not filed under seal. If you review the notice and the attachment, no where does it indicate that the document has been filed under seal. In my experience, documents filed under seal have some notice or indication that they are under seal and what we received had no such indication. Nevertheless, if you say you did file it under seal and it is simply not indicated on what was served on us below, then I am pleased to receive your confirmation that the document was in fact filed under seal. Thank you. POTTS: Mr. Richardson, You've neither retracted your knowing false statements nor apologized for your misconduct. Your email confirms it. Your stance is clear. Choose: acknowledge our libel suit or have it personally served. All my best.
November 5, 2025 at 6:25 PM
Reposted by David Kluft
johnhawkinson.bsky.social
This is my thread of #cambma Election Night live tracking results.
Google Sheet: docs.google.com/spreadsheets...

So far no results, but the polls only just closed (8pm, or later if people are still in line), & mail-in ballots haven't all have been yet run through the machines at polling places.
Cambridge 2025 Municipal Election realtime tally
docs.google.com
November 5, 2025 at 1:14 AM
dkluft.bsky.social
#LegalEthcis Tidbit: If my courier service threatens the judge, should I accuse the judge of racism?

A CA lawyer filed a complaint in state court on behalf of an individual client against a number of defendants, including a corporation of ... (cont.)

www.linkedin.com/posts/davidk...
#law #lawsky
First page and caption of opinion, which is available through the link.
November 4, 2025 at 1:58 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I don’t like the election results, can I rush into court before I have a client?

After the 2020 elections in MN didn’t turn out the way they wanted, the “Minnesota Election Integrity Team” circulated by mass email a blank affidavit that ... (cont.)

lnkd.in/eir6mMaM
#Law
Smiling woman holding ballot. Image by Edmond Dantes via Pexels
November 4, 2025 at 1:50 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I waive the conflict caused by my criminal defense lawyer’s racism?

In Commonwealth v. Dew, 492 Mass. 254 (2023) the MA Supreme Judicial Court held that a criminal defense lawyer’s manifestations of racial bias in social ... (cont.)

www.linkedin.com/posts/davidk...
#law
First page of opinion, available at the link.
November 3, 2025 at 4:07 PM
dkluft.bsky.social
#LegalEthics Tidbit: If someone else inflates my academic credentials, do I have a duty to correct them?

A NJ lawyer’s firm created a website in 2010. His website biography, which he did not personally prepare, falsely represented that he graduated “cum laude” … (cont)

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#law
College graduate dancing by Pavel Danilyuk via pexels
November 3, 2025 at 1:26 PM
dkluft.bsky.social
Breakheart Reservation. Saugus, MA
November 2, 2025 at 6:04 PM
dkluft.bsky.social
Happy #Caturday from Derry Girl, who is in a climbing mood today. #cats #catsofbluesky #tortie
Tortoise shell cat on fence
November 1, 2025 at 12:59 PM
dkluft.bsky.social
#LegalEthics Tidbit #Halloween Edition: If my client wants to defame someone in his will, should I advise him he can still get sued after he dies?

Can you or your estate be sued after you die for defaming someone in your will? I’m reposting my old article on ... (cont.)

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#law
black and white drawing of skeleton holding scythe standing on coffin
October 31, 2025 at 12:53 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I never read the cases I cited before #AI came along, why should I do it now?

The lawyer representing the Mother in a MD domestic relations case submitted a brief full of fake citations hallucinated by #artificialintelligence... (cont.)

lnkd.in/e7_Tp2eU
#lawsky #law
First page and caption of case which is available at the link.
October 30, 2025 at 12:59 PM
dkluft.bsky.social
#LegalEthics Tidbit #Halloween Edition: Why is it wrong to ghostwrite purportedly “pro se” filings?

In a NV case, a co-plaintiff (who was an attorney) ghostwrote papers for his pro se co-plaintiff. The Court described this as ... (cont.)

lnkd.in/e6qXjEnT
#lawsky #law
Two people with ghost costumes in front of brick wall, by Kaboompics.com
October 30, 2025 at 12:09 PM
dkluft.bsky.social
#LegalEThics Tidbit #Halloween Edition: Can the prosecutor tell the jury that the defendant is a witch?

During a drug deal, a man taunted and threatened a NM woman in front of another drug dealer witness. The woman later asked her husband to beat up the ... (cont.)

lnkd.in/eSq6aBxK
#lawsky #law
Woman in Halloween Witch Costume Image by T Leish via Pexels
October 29, 2025 at 12:35 PM
dkluft.bsky.social
#LegalEthics Tidbit #Halloween Edition: Should I let my client ghostwrite pleadings for me?

A CA attorney was retained by a CA man who had been previously designated as a vexatious litigant and had a history of using his lawyers' PACER credentials to file ... (cont.)

lnkd.in/eT9Fm_HP
#law #lawsky
THE COURT: There was a pleading received last night around 1:20, 1:30 in the morning. Were you awake? PRATT: Yes. THE COURT: Was that from you? PRATT: Yes. THE COURT: You’ve written all of the pleadings in this case? -5- PRATT: Yes, your Honor. THE COURT: No one else has ghost written them and used your PACER? PRATT: No. THE COURT: Because that seems to be an allegation in a different case; right? Are you aware of that allegation? PRATT: I’m aware of that allegation. THE COURT: That’s not happening here? PRATT: That is not happening here. THE COURT: So you’ve written everything? PRATT: Yes. THE COURT: So then my question becomes so if Mr. Lewis says he knows nothing about this case, how is he a plaintiff in a case alleging allegations on information and belief if he knows nothing about this case? PRATT: He’s just the trustee, Your Honor, that’s all, and he’s standing as trustee asserting his claims so that we can get the -- try to win this house back, Your Honor. THE COURT: He’s not a strawman? PRATT: No, Your Honor. THE COURT: That’s an allegation in a different case. There was, I believe, someone who was dead who was still making assertions in another case. PRATT: I’m aware of that, Your Honor, and I deny that. THE COURT: Okay. It seems to me, when I’ve looked at other pleadings that you’ve submitted in other cases, that the writing style is quite different than in this case, and I’m concerned about that. It seems a lot more direct, maybe rude. PRATT: I apologize, Your Honor. It was late -- THE COURT: I don’t know if you should apologize if you are not writing it. I’m concerned that you are not writing this. PRATT: I am writing it, Your Honor.
October 28, 2025 at 12:23 PM
dkluft.bsky.social
#LegalEthics Tidbit #Halloween Edition: Is there a way we can blame the Salem Witch Trials on New York?

I live in Massachusetts, so the answer is yes, of course we can blame New York. Only one person involved in the Salem witch trials ... (cont.)

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#lawsky #law
October 28, 2025 at 12:13 PM