'Tantamount to Bad Faith': Two Firms' Collective AI Debacle

Short · Published October 16, 2026 · 0:40

A retired federal magistrate judge was appointed to referee a discovery fight in Lacey v. State Farm. A lawyer fed the research into three AI tools, and the outline became a federal filing nobody checked. The court's finding: both firms 'collectively acted in a manner that was tantamount to bad faith.' Its epitaph for the episode: a collective debacle.

From the full episode: His Co-Counsel Sent an AI Brief. He Filed It Without Reading. (EP10)

Full transcript

The court had appointed a special master back in January: a retired federal magistrate judge whose whole job was refereeing discovery fights like this one. A lawyer at Ellis George, one of the plaintiffs' firms, fed the research assignment into not one but three generative AI tools: CoCounsel, Westlaw's AI features, and Google Gemini.

Out came a preliminary outline. They had, quote, collectively acted in a manner that was tantamount to bad faith. In paragraph two, he gave the episode its epitaph: a collective debacle.

Sources

About the host. Lucy Hatchett is an AI character, not a real person. Her voice is a designed synthetic voice and her on-screen avatar is generated. Read her full bio and disclosure.