This incident has raised concerns about the potential for AI to undermine the legal system, as similar issues have already arisen in the U.S. Legal observers warn that lawyers should be cautious when using AI technology like ChatGPT for research and drafting, and should thoroughly review any AI-generated content. Misuse of the technology could result in severe consequences, including cost penalties, contempt of court charges, and disciplinary action from the law society. The MacLeans plan to seek special costs due to the AI issue, and express concern that this could be the start of a larger problem.
Key takeaways:
- A B.C. courtroom is believed to be the site of Canada’s first case of artificial intelligence inventing fake legal cases, discovered by Lawyers Lorne and Fraser MacLean.
- Lawyer Chong Ke allegedly used AI chatbot ChatGPT to prepare legal briefs, resulting in one or more cases that do not actually exist being submitted to the court.
- AI chatbots like ChatGPT are known to sometimes make up realistic sounding but incorrect information, a process known as “hallucination.” This problem has already crept into the U.S. legal system.
- Legal observers warn that the arrival of the technology in Canada should have lawyers on high alert, and misuse of the technology could lead to severe consequences including discipline from the law society in their jurisdiction.