In a cautionary tale for attorneys, the Supreme Court of British Columbia recently ruled on a case that involved reliance on AI-generated case law. A lawyer who used ChatGPT to generate two non-existent cases narrowly avoided a special cost order thanks to the court’s leniency based on specific circumstances.
This case serves as a warning for legal professionals about the potential risks of irresponsible AI usage. While technological advancements are inevitable in the legal field, it is crucial for lawyers to use AI tools like ChatGPT responsibly to prevent adverse consequences.
The lawyer in question apologized for the mistake and provided the correct citations to the opposing party. The court ultimately decided that a special cost order was not justified, considering that the non-existent cases were withdrawn before the hearing and were unlikely to have been used in court due to other legal sources available.
While the judge showed empathy towards the lawyer in this instance, the risk of facing a special costs order remains real for attorneys who misuse AI-generated content. It is important for legal professionals to be cautious and diligent when using AI tools to avoid reputational damage and potential legal implications.
This case highlights the importance of ethical AI usage in the legal profession and serves as a reminder for lawyers to exercise prudence when relying on AI-generated information in their legal practice.
