David Kluft
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dkluft.bsky.social
David Kluft
@dkluft.bsky.social
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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#LegalEthics Tidbit: What’s the worst way for a pro se litigant to oppose an attorneys’ fee motion?

A pro se litigant in FL was caught adding some “nonexistent and mischaracterized authority” to briefs, leading the Court ... (cont.)

storage.courtlistener.com/recap/gov.us...
#lawsky #law
Order Adopting Report and Recommendations AND Order on Motion for Attorney Fees AND Order on Report and Recommendations AND ~Util - Set/Reset Deadlines – #87 in Button v. McCawley (S.D. Fla., 0:24-cv-...
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION; (Show Cause Response due by 2/25/2026.); granting in part and denying in part 71 Motion for Attorney Fees; Adopting 75 Report and Recommend...
storage.courtlistener.com
February 13, 2026 at 1:52 PM
#LegalEthics Tidbit hashtag#ValentinesDay edition: Can a judge give obscene candy to court staff?

A knucklehead CT judge forced the Committee on Judicial Ethics to spend its time considering the following important question: Is Judge A ethically required ... (cont.)

lnkd.in/eAjS9Gnk
#law #lawsky
February 13, 2026 at 1:50 PM
#LegalEthics Tidbit #AbrahamLincoln edition: Was Lincoln always a zealous advocate?

Short answer: No, according to a NY bar article. Lincoln began his legal career in 1836, before the duty of zealous advocacy was codified and when ... (cont.)

lnkd.in/gUgmvTWh
#law #lincolnsbirthday #lawsky
February 12, 2026 at 1:42 PM
#LegalEthics Tidbit: Can I use Microsoft Copilot in a sealed juvenile matter?

An AR lawyer acting as attorney ad litem in a sealed juvenile matter was going through some distracting personal issues, so to save time she did her legal ... (cont.)

www.courtlistener.com/opinion/1078...
#Law
February 12, 2026 at 1:39 PM
#LegalEthics Tidbit: Can I escape sanctions for #AI misuse by getting a doctor’s note?

In a family dispute over ownership of an OR winery, a sibling on the plaintiff’s side left a voicemail taunting the defendant siblings: one of ...(cont.)

storage.courtlistener.com/recap/gov.us...
#lawsky #law
LinkedIn
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lnkd.in
February 11, 2026 at 5:47 PM
#LegalEthics Tidbit: Can I let Pay.gov make withdrawals from my trust account?

A SC lawyer asked the bar for advice about an executive order stating that a federal agency was no longer able to accept paper checks from lawyer trust accounts in satisfaction ... (cont.)

lnkd.in/euUhgSxp
#lawsky #law
February 11, 2026 at 5:38 PM
#LegalEthics Tidbit: If my client reports me to bar counsel, do I have to withdraw?

Not necessarily. Whether or not a conflict is created, and whether or not a lawyer should move to withdraw, depends on the nature of the allegations. For example, allegations of ... (cont.)

lnkd.in/efG_mDAw
#law
February 10, 2026 at 2:04 PM
#LegalEthics Tidbit: How bad do things have to get before my #AI misuse gets my client’s case dismissed?

In an SDNY trademark litigation, a lawyer submitted a motion to dismiss peppered with false citations. Opposing counsel ... (cont.)

#lawsky #Law
storage.courtlistener.com/recap/gov.us...
Memorandum & Opinion AND ~Util - Add and Terminate Parties AND ~Util - Imposing Sanctions – #227 in Flycatcher Corp. Ltd. v. Affable Avenue LLC (S.D.N.Y., 1:24-cv-09429) – CourtListener.com
OPINION AND ORDER: For the foregoing reasons, the Court SANCTIONS Mr. Feldman by entering default judgment as to his client, Defendant Affable Avenue LLC. The Clerk of Court is directed to strike dock...
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February 10, 2026 at 2:00 PM
#LegalEthics Tidbit: Is it worse to misuse #AI or to plagiarize a brief from someone else who misused #AI?

In a NY construction dispute, plaintiff moved to strike defendant's affirmative defenses. Defendant's counsel of course opposed but ... (cont.)

www.linkedin.com/posts/davidk...
#law #lawsky
February 9, 2026 at 7:40 PM
#LegalEthics Tidbit: If I download blank court forms and use them to settle a personal grudge, which rules have I violated?

The EX of a TN/KY attorney obtained a restraining order against him. In retaliation, he downloaded a civil warrant form ... (cont.)

lnkd.in/ekjFpXpP
#lawsky #law
February 9, 2026 at 7:38 PM
Harvard Art Museum
February 8, 2026 at 4:14 PM
Happy #Caturday from Derry Girl, who is chewing on treats in the basement while it snows again. #Cats #CatsofBlueSky #tortie
February 7, 2026 at 3:11 PM
#LegalEthics Tidbit: Can I escape sanctions for #AI hallucinations by accusing the Court of hallucinating its AI policy?

A pro se debtor in CT Bankruptcy Court filed numerous papers generated by or with the assistance of ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
Memorandum of Decision and Order – #40 in Deborah Ann Mitchell (Bankr. D. Conn., 25-30757) – CourtListener.com
Memorandum of Decision and Order Granting Motion for Relief from Stay and Order Regarding the Debtor's Future Filings (RE: 14 Motion for Relief From Stay filed by Creditor Wells Fargo Bank, N.A.). (sm...
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February 6, 2026 at 1:18 PM
#LegalEthics Tidbit: Can a prosecutor be disqualified based on an “appearance of impropriety” when there is no actual conflict?

A District Attorney brought charges against certain defendants alleged to have attempted to illegally manipulate...(cont.)

www.gasupreme.us/wp-content/u...
#law #lawsky
www.gasupreme.us
February 6, 2026 at 1:15 PM
#LegalEthics Tidbit: Can I lure the opposing party to mediation in order to spy on them?

A NV lawyer representing the defendant in a personal injury case agreed to mediation. However, she had no intention of settling – she agreed to mediate in order to ... (cont.)

lnkd.in/e4nfkqSv
#lawsky #law
February 5, 2026 at 2:32 PM
#LegalEthics Tidbit: Can I get sanctioned for #AI hallucinations in briefs that were drafted by co-counsel while I was on vacation?

A bunch of TX patent lawyers admitted pro hac vice in KS submitted a brief section containing ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky
Memorandum & Order - DO NOT USE TO RULE ON MOTIONS – #218 in Lexos Media IP, LLC v. Overstock.Com, Inc. (D. Kan., 2:22-cv-02324) – CourtListener.com
MEMORANDUM AND ORDER: the following language is stricken in Lexos's response to Overstock's summary-judgment motion: Doc. 193 at 38 and 39, the entire paragraph under the heading "1. 'Modify... to' Do...
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February 5, 2026 at 2:29 PM
Glad I worked from home today. My corner store now has Cuban sandwiches and a kitten named Bodega Barbie! #cats #catsofbluesky
February 4, 2026 at 5:36 PM
#LegalEthics Tidbit: If I finally receive some of the discovery I wanted before the judge decides my pending motion to compel, do I have to update the court?

A UT attorney filed a motion to compel truthfully representing that the pro se opposing party ... (cont.)

lnkd.in/e8WgTx5S
#lawsky #law
February 4, 2026 at 2:42 PM
#LegalEthics Tidbit: When should pro se litigants lose their case for misusing #AI?

A MO pro se plaintiff in an employment discrimination case made a series of filings with increasingly egregious false citations and quotations ... (cont.)

storage.courtlistener.com/recap/gov.us...
Memorandum & Order – #37 in Mills v. City of St. Louis, Missouri (E.D. Mo., 4:25-cv-01219) – CourtListener.com
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Theoda E. Mills, Jr., is SANCTIONED pursuant to Federal Rule of Civil Procedure 11(c), and for such sanction, this action will be dismisse...
storage.courtlistener.com
February 4, 2026 at 2:40 PM
Darn, I was going to start an opening statement next month with “this job sucks, this system sucks, please find me in contempt”. Back to the drawing board, i guess.
This is unreal. An AUSA talking like that in open court is about as close as you can come to a total breakdown. Never heard of anything like it.
February 4, 2026 at 2:52 AM
Reposted by David Kluft
WHOA
This is unreal. An AUSA talking like that in open court is about as close as you can come to a total breakdown. Never heard of anything like it.
February 3, 2026 at 9:21 PM
Should have said this earlier but mazel tov to Sumbul Siddiqui on her second (no, technically third?) term as Mayor of Cambridge. Glad to have you back at the helm.
@mayorsiddiqui.bsky.social www.cambridgema.gov/Departments/...
Sumbul Siddiqui
Sumbul Siddiqui, Cambridge City Councillor
www.cambridgema.gov
February 3, 2026 at 11:07 PM
#LegalEthics Tidbit: Can I cite fake cases to justify my sale of fake money?

An IL lawyer marketed the LGBCoin (“Let’s Go Brandon”) cryptocurrency to consumers, encouraging them to “digitally voice their support for America” by ... (cont.)

storage.courtlistener.com/recap/gov.us...
#law #lawsky #AI
February 3, 2026 at 1:37 PM
#LegalEthics Tidbit: Can I be my client’s lawyer, sister, witness and homeschool teacher in the same case?

An AZ lawyer in a family court dispute over homeschooling was the Mother’s lawyer, sister and homeschool teacher. When Father told her by email one ... (cont.)

lnkd.in/dyGTJbuY
#lawsky #law
February 3, 2026 at 1:31 PM
#LegalEthics Tidbit: A person who represents himself may have a fool for a client, but don't say that out loud.

A CO pro se litigant in a consumer dispute with Tesla motors appealed to the CO Ct. of App. Tesla moved for appellate...(cont.)

research.coloradojudicial.gov/en/vid/11035...
#lawsky #law
February 2, 2026 at 2:41 PM