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ARTICLE · 23 MARCH 2026

Generative AI Not Immune From Potential Legal Action

Gardiner Roberts LLP
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As the use of generative AI and LLMs continues to grow without much government intervention or regulation worldwide, the practice of law continues to adapt to the use of this technology.

United StatesTechnology
Stephen Thiele
Stephen Thiele
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As the use of generative AI and LLMs continues to grow without much government intervention or regulation worldwide, the practice of law continues to adapt to the use of this technology. For example, new rules of practice have been implemented in some jurisdictions to require lawyers to verify all authorities cited in court materials. Furthermore, on several occasions, judges have held lawyers personally responsible for costs for citing fake cases or misleading the court with hallucinated propositions of law. Disciplinary proceedings against lawyers who cite fakes cases in court are also pending before some law societies.

However, holding lawyers or self-represented litigants personally accountable for costs for attempting to mislead the court with hallucinated cases arguably only represents low hanging fruit in the brave new world of generative AI.

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