By Michael Winkeler

Apr 2026

The Fifth Circuit recently issued an opinion that highlights a growing issue in modern legal practice: the risk of relying on generative artificial intelligence (“AI”) to draft legal briefs without checking the work. In Fletcher v. Experian Information Solutions, Inc., No. 25-20086, 2026 WL 456842 (5th Cir. Feb. 18, 2026), the Fifth Circuit sanctioned an attorney after determining that her appellate brief contained numerous fabricated quotations, misstatements of law, and factual errors. After the Court reviewed several databases she claimed to use, the Court found that none of them contained the language she relied on, and the Court concluded that the errors came from unverified AI-generated text.

The Fifth Circuit made it clear that even though AI tools are becoming more common, lawyers still have the same responsibilities they have always had: check your work, verify your citations, and be candid with courts. Because those obligations were not met, the Court imposed a $2,500 sanction and took the opportunity to remind the legal community that existing ethical rules already require accuracy and diligence.

At Quilling Selander Lownds Winslett & Moser PC, we use modern tools where appropriate but never rely on software to take the place of legal research and analysis. Experienced attorneys carefully review every brief, motion, and letter that goes out on behalf of our clients. We know clients depend on accuracy, clarity, and professionalism, and cases like Fletcher reinforce why that commitment matters.