While working on legal drafting and research, I observed the growing dependence on Artificial Intelligence tools in the legal profession. At first glance, these tools appeared to be efficient and time saving, more of a miraculously impressive technology. However, one fine day a senior of mine asked me to align and format a legal notice. Being occupied with multiple tasks at the time, I completed the formatting without going through the context of the notice. I was under the impression that the draft had been prepared by him and that was supposed to be perfectly drafted.
Later, when he asked me whether I had read the notice and checked the provisions and judgments referred in it, which I obviously hadn’t. To my surprise, upon verifying the draft, I realized that certain provisions were incorrectly interpreted and some of the judgements cited in the notice did not even exist. It was then that I came to know that the draft was prepared with the assistance of Artificial Intelligence (AI). This incident made me realize how dangerous this AI can be in the legal profession. Though it appears to be efficient and highly convenient, blind reliance upon AI Tools in legal profession can lead to serious consequences. The experience introduced me to the growing issue of “AI hallucinations” in the legal world, where AI generates false or fabricated information while presenting it to be accurate.
Meaning of Artificial Intelligence (AI) Hallucinations
In simple words, it means when an artificial Intelligence tool creates information that does not exist in reality. In legal practice, this may include:
- Fake case citations,
- Judgments that do not exist,
- Incorrect interpretation of legal provisions/ statutes,
- Wrong rulings.
The information provided by AI appears to be so accurate and professionally drafted, convincing enough that it becomes difficult for an untrained user to identify the error. Unlike traditional legal databases that retrieve stored information, generative AI predicts language patterns based on data it has been trained upon. As a result, it may sometimes produce responses that sound legally accurate but are factually incorrect.
AI Usage in Legal world
The use of Artificial Intelligence is increasing rapidly in the Legal profession. Lawyers use AI for drafting notices, pleadings and agreements, summarizing lengthy judgements, conducting legal research, translating documents in English, reviewing contract. It helps in scanning millions of cases and statues/provisions in a second. It even helps common people to navigate the legal system with any advocate. For Advocates and overburdened legal system, AI can be a valuable assistant, It helps saving time and reduces work.
However, the growing dependency on AI can be dangerous. It affects people’s ability to draft and review the same from scratch. It’s through in the initial years that one can gain confidence and knowledge of legal terms.
Real life incidents of AI hallucinations in Law
The Bombay High Court has imposed a cost of Rs. 50,000 on a litigant for submitting a ‘non-existing’ judgment generated through AI which the court and its clerks could not find, and thus, deprecated such practice of dumping non-existing and irrelevant materials on the court. Second such incident was before the Delhi High Court when Justice Girish Kathpalia permitted withdrawal of a petition filed by the Greenopolis Welfare Association after it was brought to the Court’s notice that several judgments and quoted paragraphs relied upon in the petition either did not exist or were inaccurately reproduced from non-existent precedents. The respondents’ counsel specifically pointed out that some authorities cited by the petitioner were completely fictitious, while certain quoted extracts were fabricated.
Such incidents highlight the dangers of relying blindly on AI can led to serious consequences.
Consequences of AI Hallucination in Law
AI hallucinations may sound funny or casual otherwise. But, when it comes to courtrooms, legal documents decide the fate of real life disputes. Hence, the consequences are accordingly relatable:
- Courts rely heavily on accurate precedents, statutory interpretation and verified facts. If AI- generated false information is placed before the court, it may mislead judicial proceedings and affect decision making.
- If one party relies upon incorrect AI generated legal material, the fairness of proceedings may be compromised.
- The consequences become more severe in criminal matters where liberty is involved. Incorrect information regarding bail, sentencing, evidence or procedure can potentially affect the rights and freedom of individual.
- The justice system functions on public faith and institutional credibility, if fake citations and inaccurate legal information frequently enter judicial proceedings through AI tools, public confidence in both legal profession and justice system may weaken.
Advocates are officers of court and owe a duty of honesty, diligence and competence. The advocates must ensure that drafts are verified, cross check the case laws, citation and the provisions, ensure accuracy/accountability before filing any draft before the court. AI should be treated as only a supporting tool and not as a substitute for legal research or professional expertise.
Conclusion
Artificial intelligence is likely to become an important part of future legal practice. Courts and Advocates may rely upon the technology heavily for research, drafting and reviewing. However, justice ultimately depends upon human reasoning, ethical responsibility, empathy and judicial discretion that AI cannot fully replace. Definitely, AI has made legal work faster and more accessible. However, AI hallucinations in law pose a serious challenge to the accuracy, reliability and integrity of the justice system. The legal professionals cannot afford blind reliance upon AI tools, since rights of people are at stake. In pursuit of justice, technology can be a powerful tool, but it should never replace human wisdom, accountability and ethical judgement.
