AI Hallucinations Are Real—and How to Avoid Them

• Pages: 2-7
• Date: 01 January 2026
• Published date: 01 January 2026
• Author: Tom Donlon
• Subject Matter: Derecho Civil

Appellate Practice

American Bar Association Litigation Section

Winter 2026, Vol. 45 No. 1

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2

ARTICLES

AI Hallucinations Are Real—and How to

Avoid Them

Thomas J. Donlon

Oct 30, 2025

The Merriam-Webster online dictionary defines hallucination as “a sensory perception . . .

that occurs in the absence of an actual external stimulus” or a “delusion.” More recently, the

dictionary has added another definition: “a plausible but false or misleading response

generated by an artificial intelligence algorithm.” Those are the hallucinations that are

bedeviling courts and the legal profession these days. The number of attorneys caught and

punished for including hallucinations—nonexistent cases generated by artificial

intelligence (AI) programs—in their court filings has multiplied exponentially. From a rare

problem that gained headlines to an almost weekly occurrence, hallucinations demand

attorneys’ attention and concerted effort to eliminate them.

In the past, misquoting or misstating authorities was the province of a few unscrupulous

lawyers. While adversaries had to be alert to the possibility, seldom did it require action

beyond pointing out that the case did not stand for the proposition for which it was cited.

Now, however, completely false citations occur regularly across a broad spectrum of

lawyers and firms, from struggling solo practitioners to huge firms. The main reason is the

widespread use of ChatGPT (and similar computer applications). But these are only tools—

the real culprits are the lawyers.

ChatGPT and Hallucinations

ChatGPT is a form of generative AI. It was released only three years ago, in late November

2022. Its usage exploded. Reports indicated ChatGPT had over 100 million users within its

first two months. Based on large language models, ChatGPT had the advantage of being

conversational. If you asked it questions (“prompts”), it gave you answers, often with great

detail.