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Lawyer Sanctioned for Submitting AI-Generated False Citations in Court

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A Victorian lawyer has become the first in Australia to face disciplinary action for relying on artificial intelligence in court, after failing to verify AI-generated case citations. As a result, he has been stripped of his ability to practise as a principal lawyer.

According to Guardian Australia, the incident dates back to 19 July 2024 during a hearing before Justice Amanda Humphreys, involving a dispute between a married couple.

The solicitor, who represented the husband, provided the court with a list of previous cases requested by the judge in relation to an enforcement application.

However, when Justice Humphreys reviewed the citations in chambers, neither she nor her associates could trace any of the cases. When the matter returned to court, the lawyer admitted that the list had been generated using AI-powered legal software. He conceded that he failed to confirm the accuracy of the references before submitting them.

The lawyer apologised unreservedly to the court, expressing regret and acknowledging the importance of verifying AI-assisted research. He explained that he had not fully understood how the software operated, and offered to take lessons from the incident. He also covered the costs incurred by the opposing party for the abandoned hearing.

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While Justice Humphreys accepted his apology, she stressed the need for an official referral to the Victorian Legal Services Board and Commissioner, citing public interest concerns over professional standards as AI becomes more common in legal practice.

Following investigation, the Victorian Legal Services Board announced on 19 August that the lawyer’s practising certificate had been varied. He is now barred from practising as a principal lawyer, prohibited from handling trust money, and restricted to working only as an employee solicitor. Additionally, he must undergo two years of supervised practice, with both himself and his supervisor reporting to the board quarterly.

A board spokesperson noted: “The board’s regulatory action in this matter demonstrates our commitment to ensuring legal practitioners who choose to use AI in their legal practice do so responsibly and in line with their professional obligations.”

Since the case, more than 20 other instances have been reported in Australian courts where lawyers and self-represented litigants submitted documents containing fake citations produced by artificial intelligence.

Credit: The Guardian

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