84
Pages Filed
Drafted by counsel without AI per court order
237
Citations Audited
Line-by-line inspection across appellate and trial files
0
Fabricated Cases
Zero nonexistent authorities or hallucinated holdings
2
Human Errors Conceded
One missing rule subdivision & one typo ("chill" for "child")
Until now, legal AI sanctions jurisprudence followed an unambiguous line: fabricating cases, inventing judicial quotes, or citing phantom statutes violated Rule 11, Rule 2.515, and Rule 3.3 (Candor to the Tribunal).
From Mata v. Avianca in the Southern District of New York to Florida’s own recent disciplinary matters in Eclectic Synergy v. Seredin and Gouldy v. Chiasson, every reported sanction involved lawyers submitting non-existent legal authorities produced by hallucinating large language models.
Lisandrillo v. Palozzi breaks entirely new ground. The Fourth District Court of Appeal specifically noted in its footnote 1 that the issue:
“...has nothing to do with hallucinated law or false legal citations. Counsel’s citations exist and the cases are real. The problem is that the filings appear to be AI slop—lengthy, unfocused, and filled with gibberish and convoluted arguments.”
— Fourth District Court of Appeal, Order to Show Cause (Sept. 16, 2026)
By moving from objective falsity (did the case exist?) to subjective stylistic appraisal (does this writing feel like AI?), the court opened a Pandora's box for appellate advocacy.
In her response, counsel took on the court's charge by performing a forensic line-by-line audit of every filing submitted across both the Fourth District and the Seventeenth Judicial Circuit (Broward County) trial court:
- 71 Cases, 9 Statutes, and 16 Rules cited in the appellate petition, emergency application, and appendix.
- 45 Cases, 6 Statutes, and 7 Rules cited in the underlying trial court Omnibus Application and Motion to Disqualify Judge.
- Approximately 237 individual citation instances, audited pin-cite by pin-cite.
What did the forensic audit find? Every authority exists.
Counsel conceded two errors: an outdated rule subdivision reference in a citation to Rule 2.515, and an inadvertent transcription typo in paragraph 109 of her trial court motion where the word "child-related" was mistakenly printed as "chill-related."
As counsel pointed out, these are classic human drafting errors that have plagued legal practice for centuries. Conflating human typo error with algorithmic deceit treats ordinary advocacy imperfections as evidence of bad-faith automation.
The crux of the Lisandrillo pushback goes to the heart of modern litigation:
The question is no longer merely whether lawyers can use AI. It is whether a court can infer that an attorney failed to exercise independent professional judgment simply because the work product "looks like AI"—even where the cases are real, the record is grounded, and the lawyer stands behind every word.
Under Florida Bar Ethics Opinion 24-1, lawyers are explicitly permitted to use generative AI tools to conduct legal research, organize thoughts, and draft pleadings, provided they review the output, verify the citations, and maintain non-delegable supervisory responsibility.
If judicial panels are empowered to label filings "AI slop" based on tone, word choice, or repetition, litigators face an unmanageable subjective standard. Dense brief writing, complex statutory recitations, and boilerplate contractual analysis all bear hallmarks of what skeptics call "AI-esque" prose.
Sanctions cannot be grounded in aesthetic displeasure. They must be tethered to the record, to truth, and to verifiable legal authorities.
As judicial scrutiny intensifies, trial lawyers and appellate counsel must implement concrete safeguards to ensure filings are unassailable on both facts and appearance:
Protocol 1: Record Provenance
Pin-Cite the Record
Anchor every factual statement directly to transcript page and line numbers (e.g. Tr. Vol. II, at 47:12-18) and appendix pages (App. at A30). Generic factual narrative invites judicial suspicion.
Protocol 2: Authority Verification
Zero Trust Verification
Never rely on an AI assistant’s assurance that a quote is verbatim. Every judicial quotation must be visually cross-referenced against the primary court reporter before filing.
Protocol 3: Stylistic Pruning
Eliminate AI Prose Clichés
Prune wordy introductory clauses, generic synthetic transitions ("Furthermore," "Moreover," "It is axiomatic that"), and repetitive restatements that trigger algorithmic suspicion.
Protocol 4: Audit Trail
Document Independent Judgment
Maintain clear internal version history proving that the legal strategy, selection of authorities, and final editorial decisions originated with and were reviewed by licensed counsel.