Richard LaRoche v. Darla Sterett (LaRoche)
Vermont Supreme Court · Vt. · Vermont bar guidance
Verified April 26, 2026
- Citation
- Richard LaRoche v. Darla Sterett (LaRoche), No. 24-AP-406, 2025 WL 3174940 (Vt. Nov. 13, 2025) (unpublished entry order)
- Decided
- November 13, 2025
Summary
Attorney Donald P. LoCascio, representing appellant Richard LaRoche on appeal from the Windsor Family Division, filed an amended principal brief containing a fabricated quotation attributed to Sprague v. Nally, 2005 VT 85. After the Court issued a show-cause order on October 27, 2025 noting the quoted language did not appear in the cited opinion, LoCascio acknowledged the language "originated from a secondary summary source" and at oral argument disclosed that his client had used an "AI helper" to prepare an initial draft of the brief. He conceded he did not verify the quotation before filing. Justices Eaton, Cohen, and Waples found a violation of Vermont Rule of Civil Procedure 11(b)(2).
- AI tool:
- Unspecified generative AI (described in the order as an "AI helper")
What sanction did the court impose?
No monetary sanction. Pursuant to V.R.A.P. 25(d)(2) and V.R.C.P. 11(c)(2), the Court ordered Attorney LoCascio to file a copy of the entry order in every case pending in Vermont Superior Court in which he has entered an appearance, and to file a certification in the docket within fourteen days attesting that he had done so.
Why does Richard LaRoche v. Darla Sterett (LaRoche) matter for law firms using AI?
LaRoche is notable for two reasons relevant to firm risk management. First, the sanctioned conduct originated with a client-prepared draft that used an AI tool, yet the Vermont Supreme Court squarely placed the Rule 11 duty on the filing attorney as nondelegable. Second, the disclosure remedy, requiring counsel to file the order in every pending Vermont Superior Court matter where he has appeared, attaches a reputational consequence that travels with the attorney across an entire active caseload rather than ending at the appellate docket.
Sources
Primary sources
Further reading
Source PDF is a Westlaw printout mirrored from the Damien Charlotin hallucination database. We are working to add the underlying court docket (PACER, CourtListener, or court website) as a second source.