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
#LegalEthics Tidbit: Is my SuperGrok chatlog “newly discovered evidence”?

A pro se NJ plaintiff, whose complaint over his student loans was dismissed in 2019, moved for relief from judgment in 2025 based in part on “newly discovered ... (cont.)

www.linkedin.com/posts/davidk...
#lawsky #law #ai
December 30, 2025 at 2:35 PM
#LegalEthics Tidbit: If my very smart and experienced client suspects that the court staff is conspiring against him, can I just allege it without investigating?

A KY lawyer represented a father (who also was a lawyer) in a custody dispute. She filed a ... (cont.)

lnkd.in/eTuNqeqe
#lawsky #law
December 30, 2025 at 1:20 PM
Peabody Essex Museum
December 29, 2025 at 8:35 PM
My favorite paintings in the permanent collection of the Peabody Essex Museum in Salem - a history of the 1680 Pueblo Revolt in comic book style
December 29, 2025 at 5:23 PM
#LegalEthics Tidbit: If my legal assistant quits, can I keep using her witness signature on wills?

A WI attorney employed a legal assistant who often acted as witness to documents prepared by the attorney, such as wills. The legal assistant quit in 2007 ... (cont.)

lnkd.in/gWk_rxDG
#law
December 29, 2025 at 2:24 PM
#LegalEthics Tidbit: Are there any lawyers left who are credibly ignorant of the pitfalls of #AI?

A PA lawyer filed a brief that included inaccurate citations and quotations, including an inaccurate quotation from an earlier opinion in the same ... (cont.)

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

#law
December 29, 2025 at 2:22 PM
New Bedford, MA
December 27, 2025 at 9:08 PM
Happy #Caturday from Derry Girl, who is guarding the Christmas tree water. #Cats #Tortie #CatsofBlueSky
December 27, 2025 at 3:07 PM
My favorite room at the @worcesterartmuseum.bsky.social Dozens of interpretations of Edward Hicks’ Peaceable Kingdom by artists from around the world.
December 26, 2025 at 7:13 PM
#LegalEthics Tidbit #Christmas edition: If a court orders me not to bother the opposing party, can I send a bunch of people to his house at Christmas anyway?

In a VA divorce case, a court issued a preliminary order giving the husband exclusive possession of... (cont.)
lnkd.in/e6yDHbtG
#lawsky #law
December 26, 2025 at 1:14 PM
December 25, 2025 at 3:01 PM
#LegalEthics Tidbit #Christmas edition: Should I notice a deposition for Christmas day?

During early COVID when in-person depositions were not allowed in NV, a lawyer intentionally noticed an in-person deposition for Christmas Day, presumably to show ... (cont.)

lnkd.in/eQc2uzB5
#lawsky #law
December 25, 2025 at 2:53 PM
#MerryChristmas from Derry Girl, who is outside braving the flurries and cold because some sticks just have to be scratched. #Cats #CatsofBluesky #tortie
December 24, 2025 at 4:52 PM
#LegalEthics Tidbit #Christmas Edition: If I mention Santa Claus during my closing argument, am I playing to the religious passions of the jury?

During closing arguments in a NE murder trial, while describing the defendant’s testimony, the prosecutor used ... (cont.)

lnkd.in/eGRJCvtc
#law
December 24, 2025 at 1:43 PM
#LegalEthics Tidbit #Christmas edition: Is lying to my kids about Santa Claus an ethical violation?

A CT lawyer added some fake stuff to his resume and submitted it to a state agency as part of a job application. He was later charged with engaging in ... (cont.)

lnkd.in/e3g3KfrT
#law #lawksy
December 23, 2025 at 1:56 PM
Reposted by David Kluft
Reposting with the picture of Lucy and Ricky looking for their home. Please share to help them find it! #LucyandRicky #ForeverHomeNeeded #Rescue #wobblycats #Connecticut #NewYork #kittens #cats
December 10, 2025 at 2:22 PM
#LegalEthics #Chistmas edition: Can I forge a court order as a Christmas present to my clients?

A MD lawyer was retained by a married couple to formalize the husband’s adoption of the wife’s daughters from a prior marriage. He falsely told the couple he had filed... (cont.

lnkd.in/erJaB7kj
#law
December 22, 2025 at 1:05 PM
Reposted by David Kluft
One interesting footnote: this is at least the second case I've seen where the courts have also inferred an obligation of the OTHER SIDE to police for fictional cites in their opponents' filings.

No penalty for them here for not, but in at least one other case fee recovery was reduced.
An attorney couldn't stop using Grok (?!) to help draft filings, producing "a flood of tainted filings" & apparently triggering the implosion of a law firm & 3 lawyers' careers 🤖😵 The court called her misconduct "particularly egregious & prolific"

cases.justia.com/federal/dist...
cases.justia.com
December 21, 2025 at 5:57 PM
Happy Hanukkah from Derry Girl #Caturday #Cats #CatsofBlueSky #Tortie
December 20, 2025 at 1:19 PM
The quarterly Board of Bar Overseers Newsletter (which I co-edit) is out: lnkd.in/esTHMhB7

The photo was taken from my office.

IN THIS ISSUE:
2nd Ed. of the BBO Treatise
OBC FY2025 Annual Report
Social Media & Online Marketing
SJC Revises Rule 3:03
ABA Formal Opinion 518
& more
#Legalethics
December 19, 2025 at 4:36 PM
#LegalEthics Tidbit: If ChatGPT assures me it didn’t hallucinate any citations, do I still have to check the cases myself?

An AZ lawyer submitted a brief with nine citation deficiencies, all caused by his use of #ChatGPT #AI. The ... (cont.)

www.linkedin.com/posts/davidk...
#Law #lawsky
December 19, 2025 at 1:19 PM
#LegalEthics Tidbit: Does defense counsel have a duty to correct the prosecutor’s discriminatory peremptory challenges?

During jury selection in a NY criminal case, the prosecutor exercised peremptory challenges in a discriminatory fashion against multiple African ... (cont.)

lnkd.in/e4rdbwT6
#law
December 19, 2025 at 1:13 PM
I'm excited to announce that the MA BBO has launched a new online database of disciplinary decisions. Unlike the prior database, this one is searchable, sortable & goes all the way back to the 1970's. Don't ask me for search help because I have to learn it too.

decisions.massbbo.org/massbbo/en/n...
Decisions - Massachusetts Board of Bar Overseers
decisions.massbbo.org
December 18, 2025 at 4:29 PM
#LegalEthics Tidbit: Can #AI “overviews” be legal authority, even if court doesn’t find they are wrong?

An unsuccessful Kansas City mayoral candidate brought pro se claims against the city arising from his arrest for trespassing (as part of a stunt to ... (cont.)

lnkd.in/egU6jvQH
#lawsky #law
December 18, 2025 at 4:15 PM
#LegalEthics Tidbit: Can I sneak out of the virtual break-out room during a hearing to attend another remote hearing in a different court?

A MN lawyer appearing remotely before the Mille Lacs Band of Ojibwe Tribal Court showed up seven minutes late to a ... (cont.)
lnkd.in/ep-5Nqbe
#lawsky #law
December 18, 2025 at 4:12 PM