As artificial intelligence tools become more integrated into legal workflows, a new risk is emerging that could have serious consequences for both legal professionals and their clients. While AI can streamline the legal workflow, recent court decisions have highlighted the dangers of relying on AI-generated legal content without adequate human oversight, raising the spectre of professional negligence claims.
AI tools can streamline legal drafting, research, and document review. But they are not infallible nor are they legal experts. Generative AI models generate plausible sounding but entirely fictitious case law, misstate legal principles, or omit critical detail. When legal professionals fail to verify the output of these tools, the consequences can be severe, not just for their own reputations, but for the clients who rely on them.
In R (on the application of Ayinde) v The London Borough of Haringey, a junior barrister submitted a judicial review application that included five fabricated legal authorities. The court found the conduct “improper, unreasonable and negligent,” and while the barrister denied using AI, the court concluded that either AI was used and the denial was dishonest, or the citations were fabricated manually, both equally serious breaches.
In Al-Haroun v Qatar National Bank, similar issues arose, with the at fault solicitor being referred to the Solicitors Regulation Authority after failing to act on warnings about inaccurate citations brought about though the citing of fictitious cases or, if the case did exist, made up passages from the cited cases. One of the falsely cited cases was attributed to the proceeding Judge.
These cases signal a growing judicial intolerance for legal professionals who fail to exercise due diligence when using AI tools.
Litigation and Inheritance disputes often involve high stakes, both financially and emotionally. A poorly drafted claim or defence, or a misstatement of the law, can lead to a case being struck out, a costs order against the client, or even the loss of a rightful inheritance. If these errors occur as a result of a legal professional’s reliance on AI without proper verification, clients may have grounds to bring a professional negligence claim.
AI is not a substitute for legal expertise. While it can be a helpful tool, it must be used responsibly. Legal professionals have a duty to ensure that any technology they use does not compromise the quality of their work. For client’s vigilance is key. The courts have made it clear, innovation is not an excuse for negligence.
If you’re concerned that your solicitor may have misused AI or if you feel that professional negligence has impacted the outcome of your matter, our expert team at Hedges is here to help. We offer clear, compassionate advice, always tailored to your unique circumstances.
