U.S. District Judge Vernon D. Oliver did not immediately mete out sanctions against Greenwich-based solo practitioner Hilary B. Miller for filing two briefs that misstated case holdings and contained erroneous citations. Judge Oliver said the briefs made legal assertions that were "just a little too good to be true" for Miller's client.
"Rule 11 is clear," Judge Oliver said, referring to a federal civil procedure rule that requires lawyers to ensure their arguments are supported by current law or a good-faith basis for modifying current law. Under that rule, the work "comes from you, not AI," the judge told Miller.
Though clients may be "walking around and screaming" at lawyers to use the technology, "AI is, in this court's view … not an answer for work attorneys have been doing for centuries," Judge Oliver said.
The judge's comments were in response to Miller's assertion that lawyers are "besieged" with grandiose technology company sales pitches and clients who "demand we use AI products."
Miller said he wrote what he considered to be two accurate briefs, then used OpenLaw to see if his arguments could be strengthened. He described OpenLaw as a paid, attorney-geared product that guaranteed non-"hallucinated" citations for lawyers. OpenLaw suggested adding additional cases and arguments, Miller said.
The lawyer said he next used both Claude AI and ChatGPT version 5.4 to double- and triple-check the brief for errors. Finally, Miller said he checked the cases he cited using Shepard's Citations Service, a LexisNexis product he believed did not rely on AI.
The result appeared to be better briefs, Miller said. While being questioned by Judge Oliver, he said he knew AI could invent case names and citations, but he said he wasn't aware AI could introduce other errors.
Judge Oliver said the ultimate filing made the law sound "a little better" than it really is for Miller's client, Tacobarn, a taco restaurant accused of unfair competition and trade dress infringement.
According to the judge, that shouldn't have been a surprise.
"AI aims to please you," Judge Oliver said. "That's the risk."
Miller said he was "incredibly remorseful and embarrassed" by the errors. He made a similar written response June 18 to Judge Oliver's June 12 show-cause order.
Miller also said he was prepared to personally reimburse his client, who was present for the hearing, and asked for permission to correct his briefs. He said his client still has valid arguments to present to the court.
No sanction "could make me any more remorseful or cause me to suffer any more pain," Miller added.
Judge Oliver said he'd take the matter under advisement. He noted repeated AI warnings appear on the District of Connecticut website and on every new case docket filed in Connecticut federal courts.
Miller was admitted to practice in Connecticut in 1982. He said he is also licensed in New York, D.C., a half-dozen other federal district courts, four U.S. circuit courts, England and Wales, and France. He said he has an otherwise spotless record.
Walter B. Welsh of Welsh IP Law LLC, an attorney for plaintiff Barteca Holdings LLC, took no position on sanctions personally against Miller. However, he said the case should be allowed to proceed to the merits.
A representative of Welsh's client was also present for the hearing.
When ordering the hearing, Judge Oliver said Miller's briefs contained a total of 16 citation errors, misstatements of the law and fabricated quotes.
OpenLaw did not respond to a Law360 request for comment on Thursday.
Barteca Holdings is represented by Gregory S. Kimmel of Berchem Moses PC, and Walter B. Welsh of Welsh IP Law LLC.
Tacobarn Newtown LLC and Tacobarn Greenwich LLC are represented by Hilary B. Miller of the Law Offices of Hilary B. Miller.
The case is Barteca Intermediate Holdings LLC et al. v. Tacobarn Newtown LLC et al., case number 3:26-cv-00250, in the U.S. District Court for the District of Connecticut.
--Additional reporting by Brian Steele and Ivan Moreno. Editing by Brian Baresch.
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