Fake Al case law plagues courts

LAW IN JEORPADY

- WENDY JASSON DA COSTA

LAWYERS who mislead the court with fake, Al-generated citations face being struck off the roll, the Law Society of South Africa (LSSA) has warned.

The professional body says submitting bogus Al produced information, even by mistake, is serious misconduct that can ruin a legal career.

The warning follows a growing number of cases that have been jeopardised because of inaccurate Al content, both at home and as far afield as Poland, Denmark and the United Kingdom.

Speaking for the LSSA, Azhar Aziz-Ismail, chairperson of the Johannesburg Attorneys Association (JAA) stressed that when using AI, every output must be verified, ...”no shortcuts, no excuses.”

“Submitting court documents that contain Al-generated, fictitious case citations constitutes serious professional misconduct, regardless of whether this occurs knowingly or unknowingly. Such matters are referred to the Legal Practice Council (LPC) for a disciplinary hearing.”

He warned that the penalties can be severe; ranging from fines and suspension to being struck off the roll, depending on the circumstances and gravity of the misconduct.

“Beyond formal sanctions, attorneys also face significant reputational damage, which can have lasting consequences for their careers and professional standing,” said Aziz-Ismail.

He said local and international case law emphasised that lawyers are expected, and required, to verify all information, including that generated by AI, before using it in any official legal capacity.