The increased use of artificial intelligence
("AI") in the legal profession has been
a significant innovation. AI tools can deliver efficiency and
create value for clients. At the same time, AI has brought new
pitfalls, which, if ignored, may result in lawyers finding
themselves in contempt of court. The Ontario Superior Court of
Justice released a decision by Justice Myers1 this week
discussing the risks of AI tools generating fabricated
cases2 and the professional obligations lawyers have in
making accurate representations to the court. The decision serves
as a strong reminder to counsel that their professional obligations
include verifying the legal authorities they rely on, and that the
innovations offered by AI cannot be relied on to replace
counsel's own legal analysis. Reliance on AI hallucinated cases
in submissions to the court can constitute a breach of professional
obligations and may amount to contempt in the face of the
court.
