Citation Verification Checklist for AI-Assisted Briefs
If you used an AI tool at any point in drafting or researching a brief, every citation in that document needs verification. Not just the ones the AI generated. All of them. Here is a practical checklist.
Step 1: Extract all citations. Use a tool that identifies every citation in the document, including footnotes, parentheticals, and string citations. Do not rely on a manual scan. Briefs typically contain 15-50 citations, and it is easy to miss one buried in a footnote.
Step 2: Verify each citation against an authoritative database. CourtListener covers federal cases for free. Westlaw and LexisNexis provide broader coverage. The verification should confirm that the case exists, the volume and page numbers are correct, and the case name matches what is in your brief.
Step 3: Check for overruled or reversed authorities. A citation can be real but no longer good law. Shepard's (LexisNexis) and KeyCite (Westlaw) provide treatment analysis. At minimum, check that the case has not been explicitly overruled.
Step 4: Verify quotations. If you are quoting from a case, confirm the quote appears in the actual opinion text. AI tools frequently generate plausible-sounding quotes that do not appear in the cited source.
Step 5: Check court-specific AI disclosure requirements. Does the judge or court require a certification about AI use? If so, prepare the required disclosure or certification language.
Step 6: Document your verification. Generate or save a record showing what you checked, against which database, and when. If a question arises after filing, you want to demonstrate that you performed due diligence.
Step 7: Have a second set of eyes review. Another attorney or a paralegal should independently spot-check a sample of citations. Fresh eyes catch errors that familiarity misses.
This checklist applies whether you used ChatGPT, Copilot, Claude, or any other AI tool. It also applies if you are not sure whether AI was involved. If a junior associate or contract attorney drafted the brief, you are still responsible for the citations.
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