Please AI responsibly: Attorneys at a major law firm are making use of ChatGPT. That's not a bad thing normally, but filling in legal cites is not what it's for. The unchecked ChatGPT cases were fake at a rate of 8 out of 9 total cases in a single brief. On this recent legal news episode Jeff and Tim cover:

• How to AI responsibly (and not get sanctioned).
• How to challenge arbitration responsibly (and not get sanctioned).
• How to anti-SLAPP responsibly (and not get sanctioned).
• Recent court stats and rule updates.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• AI Hallucinations May Lead to Sanctions for Big PI Law firm**.**
• Changes coming to Legal Specialization Board?
• Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC
• *Wash v. Banda-Wash - 40 day period to claim costs after appeal not extended by 2 days - we are sent remands, we are not served with remands*
• Filmore Center Associates v. Lewis; San Francisco Superior Court
• Disbarred in Federal Court, But Welcome in State Court?
• Frivolous anti-SLAP

Your check for arbitration fees gets delayed in the mail. Under a particularly harsh pay-or-waive provision of the California Arbitration Act, if your fee is received on day 31, too bad—your arbitration rights go Poof! Or do they? There’s currently a big split among the appellate courts on this.

Tim goes solo while Jeff is still in trial, covering several of the recent cases on both sides of the split.

• Does your arb agreement incorporate the FAA? You might be well-poised to argue it preempts the FAA.
• Or is the arb agreement silent on FAA, or include only a qualified reference? You’re on shakier ground.

There’s also a separation of powers concern: Can the legislature declare that late arbitration fee payments automatically equal a waiver of arbitration rights, or is that a judicial function? Waiver is a common-law doctrine, and it’s discretionary. But clearly that’s not how the legislature intends it. And waiver requires fact-finding of the parties’ intentions in a particular case—obviously the Legislature doesn’t know what some future litigant in some future scenario “intends.”

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Late payment does not defeat arbitration because that CAA rule is preempted by FAA—but Justice Baker dissents (May 30, 2024)
• Yet another arbitration preemption case, with 1st Dist. holding CAA’s 30-day deadline survives
• Another late arbitration payment case, again holding the FAA preempts the CAA
• Hernandez v. Sohnen Enters. (D2d5 May 22, 2024 No. B323303) [cert. for pub.] (rev. granted in Hohenshelt)
• Keeton v. Tesla, Inc. (D1d1 Jun. 26, 2024 No. A166690) (mentioned here)

The San Bernardino Superior Court electronically records trial. Can Jeff use the recording as the appellate record? Short answer: no. But there’s an original writ pending in the Supreme Court on a similar issue, so watch this space.

We also cover:

• Jury Fee Hike, Paid by State Fund—but for how long?
• Shehi v. Chicago Title Insurance Co.—attorney disqualification is appealable, but expert witness exclusion isn't, even when the expert is an attorney.
• Tom Girardi saga—Wife Erica Girardi held not liable for aiding and abetting her husband's client trust fund misconduct.
• The Fifth Amendment & Privilege Logs – A Ninth Circuit case on self-incrimination and privilege log requirements.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Attorney DQ Orders Are Appealable, But Not for Attorney Expert Witnesses
• Audio recording in San Bernardino and Court Reporters
• Finn v. Girardi (2D5d. Jan. 28, 2025, No. B324878) (nonpub. opn.).
• In Re Grand Jury Subpoena (9th Cir., Jan. 28, 2025, No. 24-2506)