The High Court of England and Wales has issued a stern warning to the legal profession, urging lawyers to be vigilant against the misuse of artificial intelligence in their practices. In a recent ruling, Judge Victoria Sharp emphasized the incapacity of generative AI tools, such as ChatGPT, to perform reliable legal research. These tools, while adept at producing coherent responses, can disseminate misinformation that appears plausible but is fundamentally incorrect.
The professional responsibility of lawyers extends to verifying the accuracy of AI-assisted research against authoritative sources before incorporating it into their work. Judge Sharp's directive comes in the wake of an alarming trend where legal professionals, including those representing major AI platforms in the U.S., have inadvertently or otherwise cited AI-generated falsehoods in court proceedings.
The gravity of the situation is underscored by two cases that formed the basis of the High Court's ruling. In one instance, a lawyer's submission included 45 citations, a significant portion of which were either non-existent or misattributed, failing to support the arguments they were purported to back. In another case, a lawyer cited five cases that seemed to be figments of AI-generated summaries, despite the lawyer's denial of AI use.
The court's decision to forgo contempt proceedings in these instances is not to be construed as a precedent. Lawyers who fail to adhere to their professional obligations risk严厉的制裁, as indicated by Judge Sharp. The consequences range from public reprimand to financial penalties, contempt proceedings, or even police involvement.
The implications of these rulings are far-reaching, prompting Judge Sharp to forward her decision to key professional bodies, including the Bar Council and the Law Society. The message is clear: the legal fraternity must take proactive measures to ensure compliance with their duties to the court and to safeguard the integrity of the legal process from the pitfalls of AI-generated inaccuracies.