Shayan v. Shakib

Summary

The California Court of Appeal, Second Appellate District, Division One, addresses fabricated quotations and inaccurate citations in an appellate brief. The court strikes the appellant’s opening brief, permits a corrected brief, imposes a $7,500 sanction payable to the court against the signing attorney, and directs that the order be sent to the State Bar. The court declines to dismiss the consolidated appeal.

Holdings

1. An attorney who signs and files a brief is responsible for ensuring that its representations of law are accurate and truthful. Filing fabricated quotations or otherwise misrepresenting the substance of legal authorities is an unreasonable violation of the rules governing appellate briefs and supports sanctions, regardless of whether the inaccuracies resulted from artificial intelligence, staff assistance, or another drafting process.
2. Dismissal of the appeal was not appropriate because the conduct, although sanctionable, could be adequately addressed through lesser sanctions.
3. The appropriate sanctions were a $7,500 payment by attorney Fahim Farivar to the clerk of the Court of Appeal, striking appellant's opening brief, permitting appellant to file a corrected opening brief, and referral of the order to the State Bar.

Questions Presented

1. Whether an attorney may be sanctioned for filing a brief containing fabricated quotations and inaccurate representations of legal authority, regardless of whether the inaccuracies resulted from artificial intelligence or another drafting process.
2. Whether dismissal of the consolidated appeal was an appropriate sanction for the attorney's conduct.
3. Whether striking the opening brief, requiring a corrected brief, imposing monetary sanctions, and referring the matter to the State Bar were appropriate corrective and deterrent measures.

Disposition

other