Lawyers in KZN allegedly used AI to fake legal references

Lawyers in KZN allegedly used AI to fake legal references

A Pietermaritzburg-based law firm is facing the music for allegedly using artificial intelligence to source non-existent legal citations in court.

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Law and AI stock image / iStock

Surendra Singh and Associates, a Pietermaritzburg-based law firm, has found itself in a precarious situation after allegedly using artificial intelligence (AI) to source non-existent legal citations in court proceedings. 

The firm, representing a KZN politician, has been ordered to pay the costs of two court hearings.

In her judgement, Pietermaritzburg High Court Judge Elsja-Marie Bezuidenhout expressed concerns over the firm's reliance on AI technology, calling it "irresponsible and downright unprofessional". 

The judge also referred the matter to the Legal Practice Council (LPC) for possible further action.

The case highlights the risks of relying on AI without verifying the accuracy of the information. 

As Judge Bezuidenhout noted, “It is clear that a court should be able to assume and rely on counsel’s tacit representation that the authorities cited and relied upon do actually exist. Ms Pillay blindly relied on authorities provided to her [by the clerk] without checking the references."

The incident has sparked concerns over the use of AI in the legal profession. Ground Up reported that experts have warned that AI systems are only as reliable as the data they are trained on and that lawyers must take responsibility for verifying the accuracy of information generated by AI tools.

In this case, the law firm's failure to verify the accuracy of the AI-generated citations led to a waste of legal and judicial resources. 

"An inordinate amount of legal and judicial resources were spent to find the authorities referred to in court,” said Judge Bezuidenhout.

The LPC will likely investigate the matter further, and the law firm may face disciplinary action.

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