In this case, an immigration lawyer used AI to assist in drafting legal submissions. The submissions were found to include references to cases and quotes which did not exist. The lawyer explained that they turned to AI due to time constraints and health issues.
The Court was not impressed. It had spent a considerable amount of time attempting to find the cases which did not exist. The Court directed the conduct of the lawyer to the NSW Legal Services Commissioner, which is an independent body where complaints about lawyers can be made.
Generative AI relies on statistical patterns like those in texts and articles, rather than understanding the content of those texts or articles. It can therefore produce “hallucinations” or incorrect information.
It’s easy to be tempted into using AI for legal advice. The lawyer in this case explained that he accessed the AI program, inserted some words and the site prepared a summary of cases which he thought read well so he inserted them into his submissions without checking the details.
But I suggest you get in contact with a trusted lawyer or attorney if you are after reliable patent or trade mark advice. I’d like to think they are less likely to have hallucinations. They will also be able to tailor their advice to your commercial objectives.
