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.