Over the last 12 months there have been as many reported incidents of solicitors getting into trouble for relying on doing their research by an AI engine without checking their results. In the two most notorious incidents, The lawyers in question presented their respective cases to the courts citing cases or statutory authorities that didn’t exist. They faced censure from the courts and disciplinary action from their respective regulatory bodies.
Of course, it has always been the case that lawyers need to check their work carefully because we have a considerable duty of care to our clients but with the advent of AI, it is now even more necessary. Firms of solicitors and barristers chambers must have clear policies on the use of AI and, ideally, that policy should require any research carried out with the assistance of AI to be checked by another member of the team.
These errors published by AI tools are called hallucinations and indeed it does appear that the tools in question have taken a hallucinogenic drug. Apparently, they analyse what you want (or what they think you want), see in their databases references to reported cases or statutes. They then give you not only what they have found but also make up references that they think you will like and take the form of the genuine article. It’s bizarre and slightly scary.
If you’re a client, it’s always worth asking a solicitor or barrister you are using whether they have used AI in the preparation of any advice and, if so, whether it has been checked.