this post was submitted on 05 Oct 2026
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[–] finley@lemmy.zip 52 points 2 hours ago* (last edited 1 hour ago) (2 children)

There needs to be a rule that anyone who does this should be immediately disbarred

[–] AltoCuddle@lemmy.world 36 points 1 hour ago (2 children)

I mean. He should be imprisoned, no? Does perjury not apply to the lawyers too?

[–] Davel23@fedia.io 20 points 1 hour ago (2 children)

As far as I'm aware perjury can only be committed by someone under oath. And lawyers are not placed under oath. But I agree, the penalty for this shit should be a lot harsher than it's been so far.

[–] Chozo@fedia.io 9 points 1 hour ago (2 children)

I've been to court, and it never even occurred to me that the lawyers are not placed under oath. But they're the ones that do most of the talking during a case. I wonder that the reasoning for not being under oath is.

[–] snooggums@piefed.world 10 points 1 hour ago* (last edited 1 hour ago) (1 children)

They are advocating/representing, not testifying. A defense attorney does not make statements of fact, they call witnesses and experts for that. They introduce reasonable doubt.

They call witnesses and experts to present facts and other testomony which is why they are under oath.

[–] AltoCuddle@lemmy.world 4 points 1 hour ago* (last edited 1 hour ago) (1 children)

Fair enough, but I don’t like it. I guess I’ll settle for contempt of court.

[–] snooggums@piefed.world 2 points 1 hour ago

They are still able to be held accoubtable for breaking ethincs, and in my opinion they should be disbarred for presenting AI hallucinations and any other evidence they haven't spent any time verifying.

[–] mkwt@lemmy.world 3 points 57 minutes ago

What the lawyers say is not under oath unless they go to the witness stand and swear in. The main reason is that lawyers mainly are in the court to make opinionated arguments, not to give facts.

Lawyers do have a "duty of candor" to the "tribunal" at all times, however. This is because they have taken an oath (different from the witness oath) to become "officers of the court". This means they cannot knowingly misstate facts or law to the court.

But the maximum exposure on a duty of candor violation is court sanctions, like fines or adverse court outcomes, possibly contempt, and bar discipline, and so on. It's not the crime of perjury.

[–] Karyoplasma@discuss.tchncs.de 2 points 55 minutes ago

Perjury requires intent to deceive anyway and being fucking stupid is not deceitful.

[–] DaddleDew@lemmy.world 0 points 1 hour ago

Imprison ChatGPT

[–] mkwt@lemmy.world 8 points 1 hour ago

There is a rule that covers fake citations, AI or not. But it's not immediate.

What's happens is the court makes a disciplinary referral to the state bar association, which handles barring and disbarring. At minimum there's some kind of additional bar discipline hearing before adverse action.

Each federal court, district or appellate, can also independently revoke admission to the bar of that individual court.