Artificial Intelligence and the Law

The temptation (or risk) of utilising Artificial Intelligence (AI) has proven irresistible for some, even members of the legal profession. There is a recent instance instance of a lawyer using the AI generator ChatGPT, to summarise case notes for him and utilise same for submission of documents to the Court.

The lawyer was reported to have utilised Chat GPT and “inserted some words and the site prepared a summary of cases for him”. The Office of the NSW Legal Services Commissioner (OLSC) was called upon by the Court to investigate when misinformation and incorrect quotes were noticed within submissions lodged by the lawyer.

Justice Rania Skaros, overseeing the case, said “The court expressed its concern about the [lawyer]’s conduct and his failure to check the accuracy of what had been filed with the court, noting that a considerable amount time had been spent by the court and my associates checking the citations and attempting to find the purported authorities,”.

The lawyers defence for using the AI generator was said to be health issues and time constraints.

There has been numerous accounts of late concerning AI generators being utilised for the preparation of documents or submissions in legal matters which has included the provision of inaccurate quotes, citations and information. In fact, it has recently been the subject of comment in a Practice Note issued by the Supreme Court concerning the use of AI by any experts or lawyers in proceedings before the Court quote This is a growing cause for concern within the Court system and no doubt it is a development that will continue to be closely monitored.

Will AI ever have a place within a court of law? There is no doubt that AI will become a resource or tool utilised for the recovery of information that may assist in the preparation of documentation or submissions but ultimately, it will be the lawyer's responsibility to ensure the veracity and of the material that they put their name to.