Atlanta lawyer stripped of cases, fined for sloppy work
An Atlanta litigator with the national law firm McGuireWoods has been removed from all his pending cases and fined for sloppy work representing Bank of America in mortgage-related lawsuits.
Danny Patterson, hired by the firm in May, incorrectly cited case law multiple times in several briefs and other documents he filed on behalf of the bank in two lawsuits pending against the bank in Atlanta’s federal trial court.
The firm said in a recent case filing that it deeply regrets the “unacceptable” situation. Its managing partner, Tracy Walker, told the court Patterson has been taken off pending matters for all clients while the firm continues to correct associated issues.
“It strikes at the heart of what should be most important for every lawyer at our firm - our reputation,” Walker said in a sworn declaration filed Dec. 23. “We strive to meet the highest standards of professionalism, integrity, excellence and client service. In this instance, we fell far short of those standards.”
On Dec. 30, Patterson was fined $1,500 by U.S. District Judge Sarah Geraghty, who acknowledged in an order the firm’s efforts to prevent future errors.
“It is evident from the declarations that the matter has been taken seriously and that there are procedures in place to reasonably ensure accurate factual and legal citations in submissions to the court going forward,” she said.
Ryan Buchanan, who became managing partner of the firm’s Atlanta office after stepping down as the top federal prosecutor in North Georgia a year ago, is now representing Bank of America in the two cases Patterson fumbled.
The firm declined to comment on the situation.
Patterson’s botched briefing was first discovered in November by a federal magistrate judge assigned to a mortgage-related case filed against Bank of America by a Villa Rica resident representing herself.
The magistrate judge, Justin Anand, identified nine cases incorrectly cited by Patterson as “the most major discrepancies” within a brief Patterson filed to dismiss the lawsuit. Patterson misquoted case law and bungled reference numbers, among other things.
In an order for Patterson to explain his errors, Anand said the advent of artificial intelligence tools has led to “more cases of false, inaccurate or downright non-existent citations” that are “infecting the legal system and threatening serious damage to the integrity and efficiency of the judicial process.”
Patterson swore he did not use ChatGPT or any other AI tools in drafting the brief. He said he mistakenly quoted his own notes and paraphrases from legitimate case research.
“I was not careful about distinguishing between my own notes and summaries and the text of the authorities that I had copied,” Patterson said in a declaration filed Nov. 24. “This was my error and mine alone.”
An internal review of Patterson’s work identified a pattern of similar errors, Walker told the court.
In a separate case filed against Bank of America by a self-represented Atlanta resident, Patterson submitted four documents with inaccurate case citations, records show. The bank asked the court on Dec. 23 for permission to file corrected versions.
Walker said the situation prompted firmwide discussions and change, including increased oversight of the team Patterson was part of. He said the problem is atypical for the firm and not symptomatic of any broad failure to train, supervise or support staff.
“While mistakes invariably happen, I am unaware of any instance in the 17 years I have been involved in firm management as managing partner, deputy managing partner and department chair where a brief rife with citation and quotation errors, much less several briefs, was filed with a court,” Walker said in his declaration.
Patterson was admitted to practice law in Georgia in 2016 and had the experience and references to suggest he could handle mortgage-related cases with “some independence,” Walker told the court. He said Patterson directly reported to a senior staff attorney, who did not independently verify the legal citations in Patterson’s brief that led to his fine.
Patterson told the court he has overhauled his work methods and undertaken extra legal education.
“This episode has been sobering and instructive,” he said in his declaration. “I am personally and professionally devastated by this experience.”
McGuireWoods has more than 1,000 lawyers, including about 500 litigators, in 21 offices. Patterson is one of about 50 employees based in Atlanta.
On its website, the firm lauds its long history of representing financial institutions and says its experience in high-stakes litigation is second to none.
About the Author
Journalist Rosie Manins is a legal affairs reporter for The Atlanta Journal-Constitution.
