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UK Judge Warns Lawyers Against Using AI to Cite Fake Cases, Threatens Sanctions

London’s High Court issued a stern warning on Friday that lawyers who rely on artificial intelligence to cite fabricated or non-existent legal cases risk being held in contempt of court or facing criminal charges. The caution comes amid growing concerns about generative AI tools, such as ChatGPT, leading legal professionals astray.

Judge Victoria Sharp condemned lawyers in two recent cases who used AI-generated arguments containing fake case law. She urged legal regulators and industry leaders to take stronger actions to ensure lawyers understand their ethical duties regarding AI use.

“There are serious implications for the administration of justice and public confidence in the justice system if artificial intelligence is misused,” Judge Sharp said in her written ruling. She stressed the need for practical, effective measures from those responsible for legal regulation and leadership within the profession.

Since generative AI tools became widely accessible over the past two years, lawyers globally have faced scrutiny for referencing false authorities in court. Sharp emphasized that lawyers who cite non-existent cases breach their duty not to mislead courts, which can amount to contempt of court.

In the most severe instances, deliberately submitting false information with intent to disrupt justice could constitute the criminal offence of perverting the course of justice, she warned.

While legal regulators and the judiciary have issued guidance on AI use by lawyers, Judge Sharp said guidance alone is insufficient to curb misuse and called for stronger enforcement and leadership.

Judge Warns Trump’s Executive Order Could Undermine Huawei’s Defense in U.S. Criminal Case

A U.S. federal judge overseeing the criminal case against Huawei raised concerns this week that President Donald Trump’s executive order revoking security clearances from lawyers at Jenner & Block, one of the law firms representing Huawei, could impair the Chinese telecom giant’s right to a fair trial.

At a hearing in Brooklyn federal court, U.S. District Judge Ann Donnelly questioned how the revocation of clearances—specifically for Jenner attorney David Bitkower, a former senior federal prosecutor—might delay or disrupt Huawei’s defense.

It’s an issue in terms of the right to counsel… We’ve got a trial scheduled for January,” Donnelly said, adding that getting new attorneys cleared in time may pose a logistical and constitutional challenge.

Background:

  • Trump’s executive order targets four prominent law firmsJenner & Block, WilmerHale, Perkins Coie, and Susman Godfreyciting their involvement in legal matters deemed misaligned with his administration’s priorities.

  • The order suspends existing security clearances, restricts access to government officials, and cancels federal contracts linked to their clients.

  • In response, Jenner & Block sued the Trump administration in Washington, D.C., seeking to overturn the order. A ruling is expected soon.

Impact on Huawei Case:

Jenner & Block represents Huawei in a major federal case involving charges of racketeering and trade secret theft, stemming from a 2020 superseding indictment filed by the U.S. Justice Department. The government alleges that Huawei engaged in a long-running conspiracy to steal technology from American firms.

Bitkower and his team require security clearance to review classified materials relevant to Huawei’s defense. With clearances now suspended, Judge Donnelly pressed prosecutors to find a solution.

A Justice Department representative said the agency would work to secure clearance for another attorney on the defense team—but didn’t guarantee timelines.

Ongoing Fallout:

  • WilmerHale, another targeted firm, disclosed that two of its lawyers also lost their security clearances following Trump’s executive order.

  • Jenner, in its April 8 court filing, said all its relevant security clearances had been suspended, directly affecting its ability to represent clients in national security-sensitive cases.

Huawei has denied wrongdoing, arguing it is being politically targeted by the U.S. government. Neither the company nor Jenner & Block commented on the latest hearing.

The case underscores how political decisions by the executive branch are intersecting with due process rights, particularly in high-profile national security and international trade cases.