AI is flooding the courts with more cases, more filings, and more fake citations

AI use is becoming pervasive across the legal system, with both experienced staff and absolute novices turning to Chat GPT and other tools to try to make the most persuasive case possible when they arrive in court, even if some of those claims turn out to be literally too good to be true. Last month, top law firm Sullivan & Cromwell was forced to apologize for filing fictitious case names and fabricated quotes in a legal document submitted in a case, as well as citing incorrect statutes in the U.S. Bankruptcy Code. “We deeply regret this occurred,” the firm wrote in an apologetic letter to the judge in a case about an alleged scam operation run out of Cambodia, which the defendant denies. It’s far from the only legal hitch blamed on AI. A 2025 High Court case in the U.K. saw a barrister submit 18 fictitious case-law citations out of 45 total. In another 2025 disciplinary case, a barrister used AI to prepare for a hearing and attempted to mask fabricated citations, while the widely publicized 2023 Mata v. Avianca case was among the first major examples of an attorney using ChatGPT to draft a legal filing that relied on entirely nonexistent judicial precedents. The impact of AI on the legal system is also starting to come into focus through new research examining the underlying numbers. A recent study suggests that U.S. federal courts are beginning to see significant increases in their caseloads. “The pro se share of all civil cases has been 11% for quite some time,” says Anand Shah, a researcher at the Massachusetts Institute of Technology who led the research. “And then in the post-AI world, we see it jumping all the way up to something like 18%.” At the same time, Shah and his co-author, Joshua Levy of the University of Southern California, analyzed the proportion of AI-generated text in complaints using a random sample of 1,600 filings drawn from an eight-year period. They found that AI-generated text rose from “basically 0%” before generative AI to about 18% in ea