AI is arguably one of the greatest technological advancements for the industry in many decades turning your everyday lawyer into a blogger, marketing genius, ad-writer, IT professional, the list is endless – but what happens when we let AI replace our own professional skills?
We have all heard the story of the practitioner in the US caught citing a made-up case after using the ChatGPT to assist in drafting submissions – it has become the cautionary tale shared when discussing AI and its use amongst the fraternity.
Unfortunately, for one Melbourne practitioner, this tale became a reality when they attempted to hand up a list of four (4) authorities without checking their source in enforcement proceedings before Judge Humphreys.
The practitioner was directed during the enforcement proceedings to provide a list of authorities upon which they wanted to rely. The practitioner submitted a list of 4 authorities produced by an AI agent and provided the same to the Associate. The Associate on reviewing the document was unable to source any of the listed authorities and sought copies from the practitioner.
The practitioner, unable to produce copies, was asked by her Honour if the list was created via an AI tool and was informed it was, resulting in her Honour adjourning the proceedings.
Her Honour then made Orders allowing the practitioner time to provide submissions as to why she should not refer the practitioner to the Victoria Leal Services Board and Commission and requesting any party seeking a cost order against the practitioner personally to do so by way of Application in Case.
The full case can be found here.
What does this mean for the future of AI in Law?
This is a good example of why you must ensure that you cross reference and review any material produced for you using AI tools. AI tools are not the enemy, they are a valuable resource that can assist us in working more efficiently and effectively.
What are our tips for the use of AI:
- Protect yourself as a practitioner cross-checking the references – AI will not replace good research and resources such as AustLii.
- Protect your firm by creating an AI use policy and ensuring that your practitioners are using best practice.
- Value your skill – remember that AI is a tool in your toolbox not a lawyer.
