David Kluft

@dkluft.bsky.social

1073 Followers 1228 Following

Assistant Bar Counsel/Prosecutor, Massachusetts Office of Bar Counsel. Legal Ethics and Attorney Discipline. I post #LegalEthics tidbits & pictures of my cat. Account unrelated to my employer. https://www.linkedin.com/in/davidkluft/ Boston/Cambridge, MA 🏳️‍⚧️

Tortoise shell cat lying on concrete
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"The needs of the many outweigh the needs of the few, or the one." Marbury v. Madison, 5 U.S. 137, 138 (1803)
fake ad for the "Just Me Law Group"
Caption and first page of opinion
Tortoise Shell Cat on wooden table meowing.
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Statistics of pro se filings from the court's opinion.
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Nuline legal website from the Wayback Machine
11. On June 7, 2023, Respondent filed a Motion to Withdraw with the Court that included the following statements: • In Paragraph 6, Respondent stated that he did not believe Foster's actions were “made in good faith” but were “an attempt at obfuscation and harassment of the witnesses and agencies.” • In Paragraph 8, Respondent stated that Foster's “perception of the facts and circumstances related to her case are contrary to defense counsel's own finding” but that she continued to insist “on their veracity despite all evidence to the contrary.” • In Paragraph 9, Respondent contended that he felt “it was impossible to effectively communicate with or advise” Foster because of “[Foster's] insistence on these alternative facts and realities[.]” • In Paragraph 11, Respondent asserted that Foster “by her actions, her insistence upon the veracity of circumstances that are contrary to reality, and her attempts to require defense counsel to subpoena individuals and records that are completely unconnected to the case” made it “unreasonably difficult” for him to continue representing her.
7 Q Did you prepare the documents that were filed with the 8 Court? 9 A We gather all the documentation that was provided to us. 10 We put it together and we prepare the documents for them. They 11 are appearing in pro se, all of them. 12 Q So you create the documents for them? 13 A We prepare the documents. We do not create the documents 14 per se. And I don't know whether there's a distinction 15 themselves. I don't want to get into the weeds. But we do not 16 come up with the documents. We merely put the information that 17 is provided to us, Your Honor. And we send it to them for 18 their signature and they appear pro se. 19 Q Is there any attorney on staff? 20 A On the staff of Beyond Attorneys? 21 Q Beyond Attorneys. Yes, sir. 22 A No, Your Honor. 23 Q Do you prepare the documents using something like ChatGPT 24 or Claude or Gemini? 25 A The way that we gather the documentation is by taking the 1 information that is sent to us, either via email or by text 2 message. And we assemble it based on a format that is being 3 used to prepare the documentation. Whether artificial 4 intelligence is used in assisting the gathering of the 5 information, I believe there may be. I don't know to what 6 extent it is being used, though.
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Court: Why did you file a second substantially similar action in a different county against the same defendants asserting substantially the same causes of action? Lawyer: Honestly I don’t know. . . . It must have been a mistake . . . . The only thing I can figure is . . . we didn’t realize that we had filed it. Court: [Then] why did you decide to oppose the motion to stay? Lawyer: I didn’t look at the pleadings. I thought that they were seeking a stay because there was another class action that somebody else had filed. Court: So you’re telling me now I think that you never bothered to read the motion, and you never bothered to figure out that the prior filed action, which was the basis for that ruling, was filed by your firm? Lawyer: Correct, your Honor, but . . . I can’t review every document that comes into the firm.
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screenshot of the lawyer's webpage, which says "To make a claim in this case ... you must complete a consent form and return it to our office..."
Q. You and the law firm of Taft represent Quality Collision Parts; is that true? MS. SHEEHAN: Objection to confidentiality, and even the name of a client is confidential even if it’s part of a public record. Read the rule. Instruct him not to answer. Q. Are you going to follow that instruction? A. Yes. MR. ABDELNOUR: Are you claiming that whether or not he represents Quality Collision is privileged? …. MR. GROVE: It’s confidential, confidential. MR. ABDELNOUR:· Well, I want to -- I just want to be clear. I know you’re saying it’s confidential – MS. SHEEHAN: It is confidential. MR. ABDELNOUR: -- but is it also privileged? MS. SHEEHAN: No, it’s just confidential.
[THE COURT:] Mr. Constants, did you write this brief? MR. CONSTANTS: No, I did not, Judge. THE COURT: Who wrote it? MR. CONSTANTS: A paralegal. THE COURT: A paralegal wrote it. MR. CONSTANTS: That's correct. THE COURT: Did you review it before you filed it? Wait. Did you file it or did someone else file it? (Pause) THE COURT: It was filed under your ECF registration. MR. CONSTANTS: It was last night. I did not do that. THE COURT: Did you review it before it was filed? MR. CONSTANTS: No. No, your Honor. THE COURT: And would your answer be the same with respect to some of the earlier briefs filed in this action? MR. CONSTANTS: No. All of the other briefs I did file. THE COURT: Did you write them? MR. CONSTANTS: Some of them I did, some of them I did not. *** THE COURT: So what's the purpose of Docket 86? MR. CONSTANTS: I do not know, Judge. THE COURT: So your ECF number was used to file motion papers that you didn't write, didn't review, didn't file, and don't know the purpose of. Is that correct? MR. CONSTANTS: I filed the summonses and complaints last night. I believe that the others were filed by the paralegal. THE COURT: Without you having written them, reviewed them, or ascertained their purpose. Correct? MR. CONSTANTS: 86 I did not do, no. That's correct, Judge
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Tortoise shell cat sitting on wooden table outside.
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Agentic AI Best Practices List: • Do not deploy AAI tools on client matters without a documented human review checkpoint before any action is taken on the AI’s behalf. • Define in writing what tasks AAI is and is not authorized to perform autonomously. • Audit AAI activity logs regularly to identify errors, unauthorized actions, or outputs that require correction. • Treat AAI governance as you would any other high-risk workflow requiring documented protocols and supervisory sign-off. • Consult with AI vendors about what safeguards and audit trails are built into their agentic AI products before deploying them.
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But despite these admitted responsibilities, Galindo adopted a business model that was doomed to fail and imperil the clients it was intended to serve—namely, assigning too few attorneys to diligently, effectively, and ethically handle the large number of cases assigned to them. Galindo conceded as much. After admitting that only one GLF lawyer was handling hundreds of clients in the Middle District, he was asked: Q. What does that tell you about the ability of that lawyer to do the right kind of job? A. Difficult. Q. Don’t you think that has to do with your business model? A. Yes, sir.
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Northern District of Illinois admission form.
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WGM states that Carlin's access was intentional, and that he admitted in a deposition that he knew he was “prohibited” from accessing the WGM Dropbox. (See WGM Mot. at 7.) Carlin claims he did not have the necessary mens rea because he did not know that he was not authorized to access the WGM Dropbox after his termination. (See Carlin Opp. at 11-14.) Carlin also disputes WGM's characterization of his deposition testimony as misleading. The full deposition testimony of the relevant exchange is as follows: “Q: And did there come a time that you chose to disconnect the two accounts? A: “No I – I was – I was prohibited by you from having my access to the William Gottlieb Account. Q: Me? You mean as a lawyer? What do you mean me? A: By Your Office. You – you objected, so I – I – except for doing what I absolutely had to in order to protect my legal position, I was not going to make any further changes or do anything to affect those accounts” (Declaration of Andrew Clark, Ex. 2, Dkt. No. 112-2, Part I of Allan Carlin's Deposition Transcript, 41:19-42:7.)
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I have attempted to comply with the Court's Order requiring me to furnish ChatGPT screenshots and native files; however, my account has been deleted, and the files are no longer available. I have attempted, in good faith, to recover the account, but I was unable to do so. From my review, it appears that it is not able to be recovered.
Texts between Lawyer and Client - full text available at the link
The Court's poem next to a picture of a Vogon from Hitchhiker's Guide to the Galaxy
Tortoise Shell Chat lying on wooden table yawning with head using tiny clay pot as a pillow.