David Kluft
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dkluft.bsky.social
David Kluft
@dkluft.bsky.social
890 followers 1.2K following 2K 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
Leaf blowing at King's Chapel burial ground? Why? The 400 year-old skeletons don't care. Is it so we can see the sparse & poorly kept lawn instead of the iconic New England leaves? I work 10 floors up and still it's louder than my dentist drilling my teeth. I hate leaf blowers so much.
November 19, 2025 at 3:24 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I use #AI to drown my litigation opponent in discovery requests?

A TX defendant asked the Court for a stay of the litigation because the pro se plaintiff “through use of generative artificial intelligence …(cont.)

#lawsky #law

www.linkedin.com/posts/davidk...
#lawsky #law
Caption and first page of Moorehead v. Goodwill, available at the link.
November 19, 2025 at 1:50 PM
dkluft.bsky.social
#LegalEthics Tidbit: Is defense counsel ethically required to make an opening statement?

In a criminal trial in SD, defense counsel reserved and then later waived her opening statement. After conviction, the defendant alleged that this was ineffective ... (cont.)

lnkd.in/eY43HM_U
#law #lawsky
Caption and first page of Perez v. USA, which is available at the link
November 19, 2025 at 1:10 PM
dkluft.bsky.social
#LegalEthics Tidbit: If my daughter tells me that #AI “works great” for legal research, should I use it?

A CT attorney had no prior experience using #ArtificialIntelligence, but his attorney daughter told him about the Descrybe AI tool...(cont.)

#lawsky #law
www.linkedin.com/posts/davidk...
Case caption and first page of opinion - available at https://www.linkedin.com/posts/davidkluft_milton-robinson-activity-7396547641645633538-J9YW?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAN_UBcBPBM_ohh5PF4QzCD5EXWYFgCyHwQ
November 18, 2025 at 2:06 PM
dkluft.bsky.social
#LegalEthics Tidbit: Is it ineffective assistance for defense counsel to explain why she didn’t withdraw a guilty plea?

A NY criminal defendant pled guilty to a weapons possession charge but then failed to appear for subsequent sentencing hearings ... (cont.)

lnkd.in/gVsrEt9m
#lawsky #Law
Image of a disassembled firearm on a table next to a can of coke, Image by Myoko Makhlai
November 18, 2025 at 1:09 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I get caught using #AI hallucinations, what's the best way to respond to the court's show cause order?

An OR law firm submitted a brief in federal court containing what the court called “totally fake” cases. These were ...(cont.)
www.linkedin.com/posts/davidk...
#law #lawsky
Caption of Green Building Initiative v. Green Globe International
November 17, 2025 at 1:27 PM
dkluft.bsky.social
#LegalEthics Tidbit: When I leave a firm, do I have to change my contact information with the Courts or can I just assume the firm will substitute new counsel for me?

An IL attorney admitted pro hac vice in W.D. Mich. Bankruptcy Court failed to attend two ... (cont.)

lnkd.in/eXWtKQCG
#law #lawsky
Image of woman in front of laptop looking annoyed. Image by Yan Krukau via Pexels
November 17, 2025 at 1:23 PM
dkluft.bsky.social
Great Brook State Farm Park
Carlisle, MA
November 16, 2025 at 6:10 PM
dkluft.bsky.social
Happy #Caturday from Derry Girl, who is patiently letting me try out a wide-angle lens that makes her ear look took big. #cats #catsofbluesky #tortie
Tortoise shell cat sitting outside with her left ear facing the camera. The ear looks as big as her whole head because of the wide angle lens.
November 15, 2025 at 1:10 PM
dkluft.bsky.social
#LegalEthics Tidbit: When do #AI hallucinations demonstrate subjective bad faith for purposes Rule 11 sanctions?

Beginning in March 2025, a FL plaintiffs’ lawyer submitted filings in multiple cases drafted by #ArtificialIntelligence that contained false ... (cont.)

lnkd.in/erK7FgH8
#lawsky #law
Case Caption for ByoPlanet v. Johansson
November 14, 2025 at 1:59 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I refuse opposing counsel’s request for an extension just because?

In Dondi Properties v. Commerce Savings, 121 F.R.D. 284 (ND Tex. 1988), the N.D. of Texas mandated rules of civility in litigation, including prohibiting what Sir Francis ... (cont.)

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#law
Painting of Sir Francis Bacon by Paul van Somer
November 14, 2025 at 1:55 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can I outsource brief writing and legal research to my non-lawyer daughter?

A GA attorney filed an opposition to summary judgment that contained fake citations, likely hallucinated by #AI. When ordered to show ... (cont.)

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

#lawsky #law
First page of opinion, which is available through the link
November 13, 2025 at 2:39 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I think a legal development has rendered my client’s appeal futile, can I withdraw the appeal without client permission?

A DC/SC immigration lawyer represented an asylum petitioner. The petition was rejected so the lawyer filed an ... (cont.)

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#lawsky #law
Blank USCIS Asylum Application
November 13, 2025 at 2:36 PM
dkluft.bsky.social
#LegalEthics Tidbit: If I give my associate a LEXIS password, can I assume they will use it instead of #AI?

A TX attorney hired a newly licensed associate, set the associate to work on Motion for Summary judgment, and gave the associate a ... (cont.)

#lawsky #law

www.linkedin.com/posts/davidk...
Caption and first page of opinion, which is available at the link.
November 12, 2025 at 1:42 PM
dkluft.bsky.social
#LegalEthics Tidbit: Can a judge disqualify me based on evidence I’m not allowed to see?

A NJ law firm represented a company in financial dispute, and a couple years later appeared adverse to the company in a different financial dispute. The company moved ... (cont.)

lnkd.in/emhvAEnX
#lawsky #law
Woman in with blindfold sitting in chair. Image by Tima Miroshnichenko via Pexels
November 12, 2025 at 1:37 PM
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.)
lnkd.in/esTEpteN
#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.)

lnkd.in/eFZRAHee
#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.)

lnkd.in/e3nmxPDT
#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)

lnkd.in/eqfQaNJ2
#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.)

lnkd.in/eBvFb9bw
#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