Colorado Court of Appeals Addresses AI-Generated Legal Errors in Landmark Opinion 

In a decision with significant implications for legal practitioners, the Colorado Court of Appeals tackled the intersection of generative artificial intelligence (GAI) and the law in Alim Al-Hamim v. Star Hearthstone, LLC and IRT Living. The opinion, authored by Judge Lipinsky with Judges Jones and Sullivan concurring, sheds light on the risks of relying on AI tools to draft court filings and establishes a stern precedent for their improper use. 

This case originated from Al-Hamim’s claims against his landlords for breach of the warranty of habitability and the covenant of quiet enjoyment. Al-Hamim, who rented an apartment in 2020, alleged the unit was uninhabitable due to cat urine odors and stains, which he claimed caused allergic reactions. Despite renewing his lease and the property management’s initial efforts to clean the carpet, Al-Hamim argued that the conditions were not properly remedied. The trial court dismissed the claims under C.R.C.P. 12(b)(5), finding insufficient evidence of legal violations. 

On appeal, Al-Hamim filed a pro se brief that included eight fictitious case citations generated by AI—a phenomenon known as “AI hallucinations.” The appellate court affirmed the trial court’s dismissal, concluding that Al-Hamim failed to demonstrate conditions severe enough to meet statutory requirements for habitability or quiet enjoyment. 

Importantly, the opinion issued a cautionary directive to attorneys and litigants: submissions with AI-generated inaccuracies may lead to future sanctions for lawyers and pro se parties. While Al-Hamim was not penalized due to his self-represented status and lack of prior violations, the judges emphasized the need for diligence when using AI in legal drafting. 

This decision is a pivotal warning to Colorado’s legal community about unverified reliance on AI. Denver Bar Association members are encouraged to read the full opinion, as it highlights the evolving challenges of integrating new technologies into legal practice.