As soon as once more, the intersection of synthetic intelligence (AI) and the authorized occupation has made headlines, underscoring the significance of moral and accountable use of know-how in authorized follow. This time, nevertheless, the story hits nearer to dwelling, as a British Columbia household regulation lawyer faces scrutiny for submitting faux case regulation to the courts after using AI know-how.
Eight months in the past, we reported on a story that rattled the authorized group of reports that two New York legal professionals have been dealing with potential sanctions for submitting paperwork to the courtroom that have been generated by AI and contained references to nonexistent prior courtroom rulings. Now, an identical incident has emerged in British Columbia, shedding mild on the potential ramifications of AI misuse in authorized proceedings.
In response to an article published by Global News on January 31, 2024, Chong Ke, a household regulation lawyer in British Columbia, is at present underneath investigation by the Legislation Society of B.C. for submitting fabricated case regulation to the courts. It was revealed that Ke had utilized ChatGPT, an AI language mannequin, to arrange authorized briefs for a household regulation case on the B.C. Supreme Courtroom. Nonetheless, upon evaluate by opposing counsel, it was found that among the cited instances didn’t exist.
Lorne MacLean, one of many legal professionals representing the opposing facet, expressed grave considerations concerning the implications of the case, stating, “The affect of the case is chilling for the authorized group. If we don’t fact-check artificially-generated intelligence supplies they usually’re inaccurate, it might result in an existential menace to the authorized system.”
This incident underscores the twin nature of AI within the authorized occupation. Whereas AI can provide vital advantages, notably in bettering entry to justice for low to middle-income people and decreasing prices for many who search help from authorized professionals, it additionally highlights the paramount significance of making certain accuracy and integrity in authorized proceedings.
In response to the Legislation Society of Ontario Guidelines of Skilled Conduct, legal professionals have an obligation to behave competently and diligently of their purchasers’ greatest pursuits. This contains one who “has and applies related data, expertise and attributes in a fashion applicable to every matter undertaken on behalf of a shopper (s. 3.1-1). Whereas AI can function a invaluable software in authorized analysis and drafting, it ought to at all times be used as a place to begin, with legal professionals exercising due diligence to confirm the data offered.
As know-how continues to evolve, it’s incumbent upon authorized professionals to adapt and combine AI responsibly into their follow.
This case serves as a cautionary story, reminding us of the crucial significance of sustaining moral requirements and accountability in using AI within the authorized occupation.
