The High Court has instructed senior counsels to implement immediate actions to curb the misuse of artificial intelligence, following numerous false cases presented to the court featuring entirely fictitious individuals or constructed references.
While attorneys are leveraging AI systems to formulate legal arguments, two cases this year have been severely affected by citations from fictitious legal precedents, which are believed to have originated from AI.
In a damages lawsuit amounting to £89 million against Qatar National Bank, the claimant referenced 45 legal actions. The claimant acknowledged the use of publicly accessible AI tools, and his legal team admitted to citing non-existent authorities.
When Haringey Law Center filed a challenge against the London Borough of Haringey for allegedly failing to provide temporary accommodation for its clients, the attorney referenced fictitious case law multiple times. Concerns were raised when the counsel representing the council had to repeatedly explain why they could not verify the supposed authorities.
This situation led to legal action over unwarranted legal expenses, with the court ruling that the Law Centre and its attorneys, including the student attorney, were negligent. Although the barrister in that case refused to use AI, she stated that she might have inadvertently done so while preparing for another case where she cited the fictitious authority. She mentioned that she might have assumed the AI summary was accurate without fully understanding it.
In the Regulation Judgment, Dr. Victoria Sharp, President of the King’s Bench Division, warned, “If artificial intelligence is misused, it could severely undermine public trust in the judicial system. Lawyers who misuse AI could face disciplinary actions, including court contempt sanctions and referrals to law enforcement.”
She urged the Council of Lawyers and the Law Society to treat this issue as an immediate priority and instructed the heads of legal chambers and administrative bodies to ensure all lawyers understand their professional and ethical responsibilities regarding the use of AI.
“While tools like these can produce apparently consistent and plausible responses, those responses may be completely incorrect,” she stated. “They might assert confidently false information, reference non-existent sources, or misquote real documents.”
Ian Jeffrey, CEO of the English and Welsh Law Association, remarked that the ruling “highlights the dangers of employing AI in legal matters.”
“AI tools are increasingly utilized to assist in delivering legal services,” he continued. “However, the significant risk of inaccurate outputs produced by generative AI necessitates that lawyers diligently verify and ensure the accuracy of their work.”
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These cases are not the first to suffer due to AI-generated inaccuracies. At the UK tax court in 2023, an appellant allegedly assisted by an “acquaintance at a law office” provided nine fictitious historical court decisions as precedents. She acknowledged that she might have used ChatGPT but claimed there were other cases supporting her position.
Earlier this year, in a Danish case valued at 5.8 million euros (£4.9 million), the appellant narrowly avoided dismissal when relying on a fabricated ruling that the judge had identified. A 2023 case in the US District Court for the Southern District of New York faced turmoil when the court was shown seven clearly fictitious cases cited by the attorneys. After querying, ChatGPT summarized the previously invented cases, leading the judge to express concerns and resulted in a $5,000 fine for two lawyers and their firm.
Source: www.theguardian.com
