That is the title of an article written by journalist Neil Hodge for the International Bar Association’s online magazine.

As Neil Hodge reports, in a ruling delivered in June, a senior UK Judge warned lawyers they could face criminal charges if they rely on fictitious, AI-generated cases when presenting written arguments in court.  Neil’s article explores some of the concerns and pitfalls associated with the application of AI in today’s legal world.

Paul Marmor, in his capacity as senior co-chair of the International Bar Association‘s Law Firm Management Committee and as head of litigation at Sherrards, provided his comments and, as Neil reports:-

Having experienced, senior lawyers ‘in the loop’ to check any work that has used AI is vital as they are more likely to spot anomalies and mistakes, including materials provided by the other side, says Paul Marmor, Co-Chair of the IBA Law Firm Management Committee. But he adds it’s also sensible to limit – at least initially – some of the tasks AI can be used for by very junior members of the team in a litigation context. For example, they might produce minutes of meetings and notes rather than assist with case files. Further, AI-generated outputs should be considered as ‘suggestions only’, he adds.

Marmor, who’s Head of Litigation at law firm Sherrards, also believes law firms should conduct training to make all employees aware of the risks associated with poor AI use. This is particularly the case for public AI, where law firms are at risk of committing a data breach if they input information regarding a case into a tool such as ChatGPT which then makes the data publicly available.

To read the full article please follow the link:

https://www.ibanet.org/Technology-UK-judge-warns-lawyers-about-risks-of-AI-use-in-court

There is no doubt that AI is playing an important role, and a growing one, in modern litigation, but it is only as good as those driving the process forward behind the scenes, and is incredibly fast-evolving technology.

 

The author of this article is Paul Marmor.  For more information on Sherrards’ litigation team reach out to Paul on pdm@sherrards.com.