This disciplinary proceeding arose from attorney Eric Chibueze Nwaubani's representation of a plaintiff in an employment discrimination appeal, Bolden v. Baltimore Gas and Electric Co. During the appeal, the Fourth Circuit panel discovered that Nwaubani's briefs cited three judicial opinions that do not exist: Nationwide Mutual Insurance Co. v. Jackson, Commodity Futures Trading Commission v. Glencore Ltd., and In re Acres Properties, Inc. The court initially directed Nwaubani to show cause why he should not be sanctioned. Nwaubani denied using generative AI, claiming the citations were genuine mistakes where he intended to cite different, existing cases. However, his explanations for why those intended cases were relevant to his arguments were tenuous, and his revised briefs failed to correct the fundamental errors or provide a plausible research trail. The Standing Panel on Attorney Discipline subsequently initiated formal proceedings to determine if his conduct violated the court's Local Rules of Appellate Procedure.
The court applied the 'clear and convincing evidence' standard required for attorney discipline. It analyzed the conduct under D.C. Rule 8.4(d), which prohibits conduct that seriously interferes with the administration of justice. The court noted that while the legal profession is increasingly grappling with generative AI, the ethical obligation to verify citations exists independently of the technology used. The court reasoned that submitting briefs with nonexistent cases is improper because it directly bears on the judicial process and taints it in more than a de minimis way. The court emphasized that a reasonable attorney should have discovered these errors through standard verification. The court rejected Nwaubani's due process argument regarding a clerical error in a supplemental notice, finding that he had fair notice of the conduct at issue. Ultimately, the court found that Nwaubani's failure to verify the accuracy of his citations undermined the integrity of the judicial process, violating both D.C. Rule 8.4(d) and the Fourth Circuit's Local Rule 46(g)(1)(c).
The Fourth Circuit has issued a public admonishment against Eric Chibueze Nwaubani. This decision serves as a warning to all members of the Fourth Circuit Bar that there is no shortcut around the rules of professional conduct. It establishes that attorneys must verify the existence and relevance of all legal citations, whether generated by AI or human research, to avoid sanctions. The ruling reinforces the gatekeeping role of attorneys in ensuring the accuracy of filings submitted to the court.
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