The UK justice system is facing a significant challenge as lawyers have been found presenting AI-fabricated cases in court. This alarming trend has prompted a stern warning from a High Court judge, raising serious concerns about the integrity of legal proceedings and public trust in the administration of justice. The incidents involve lawyers citing non-existent court cases generated by artificial intelligence (AI) tools, potentially leading to severe repercussions, including prosecution for failing to verify the accuracy of their research.
Justice Victoria Sharp, along with Judge Jeremy Johnson, addressed the issue in a recent ruling, highlighting the "serious implications for the administration of justice and public confidence in the justice system." The judges were prompted to act after lower court judges raised concerns about the "suspected use by lawyers of generative artificial intelligence tools to produce written legal arguments or witness statements which are not then checked," resulting in false information being presented to the court.
One case involved a £90 million lawsuit concerning an alleged breach of a financing agreement with Qatar National Bank, where a lawyer cited 18 fabricated legal cases. The client admitted to using publicly available AI tools and apologized for unintentionally misleading the court, but Justice Sharp criticized the lawyer for relying on the client's research instead of conducting proper legal checks. In another instance, a lawyer cited five fake cases in a tenant's housing claim against the London Borough of Haringey. The barrister denied using AI but failed to provide a clear explanation.
These incidents have been referred to professional regulators, potentially leading to disciplinary actions against the lawyers involved. Justice Sharp warned that submitting false information could amount to contempt of court or, in severe cases, perverting the course of justice, an offense that carries a maximum sentence of life imprisonment.
The Law Society of England and Wales has already provided guidance and resources to the legal profession. They are committed to continue developing and expanding them as part of their wider program of supporting members with technology adoption.
The rise of AI tools like ChatGPT has brought both excitement and concern to the legal industry. While AI promises increased efficiency and innovation, these recent cases highlight the risks of relying on AI-generated material without proper verification. AI generates outputs based on patterns in data, not on verified truth, leading to "hallucinations" that can deceive users who lack the skill or time to verify results manually. The legal profession is adapting to these challenges, with the Solicitors Regulation Authority (SRA) recently authorizing the UK's first AI-only law firm. However, it is crucial that legal education evolves to include AI literacy as a core competency, and regulatory bodies provide clearer guidance on the ethical use of AI in legal practice.
The integrity of the justice system relies on accurate and reliable information. Lawyers have a professional and ethical responsibility to ensure the information they present to the court is truthful and verifiable. The use of AI tools should not compromise this responsibility. As Justice Sharp stated, "Artificial intelligence is a tool that carries with it risks as well as opportunities. Its use must take place therefore with an appropriate degree of oversight, and within a regulatory framework that ensures compliance with well-established professional and ethical standards if public confidence in the administration of justice is to be maintained."
