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AI ‘hallucinated’ fake legal cases allegedly filed to B.C. court in Canadian
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Canada


AI ‘HALLUCINATED’ FAKE LEGAL CASES ALLEGEDLY FILED TO B.C. COURT IN CANADIAN
FIRST

By Simon Little Global News
Posted January 23, 2024 10:54 pm
Updated January 24, 2024 11:27 am
4 min read

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2:15 First Canadian court case over AI-generated court filings
Global News Hour at 6 BC: First Canadian court case over AI-generated court
filings
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WATCH: In the first case of its kind in Canada, a B.C. judge is hearing about a
growing concern in the justice system: lawyers using artificial intelligence to
create court filings that cite cases that don't actually exist. Rumina Daya
reports.
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A B.C. courtroom is believed to be the site of Canada’s first case of artificial
intelligence inventing fake legal cases.

Lawyers Lorne and Fraser MacLean told Global News they discovered fake case law
submitted by the opposing lawyer in a civil case in B.C. Supreme Court.

“The impact of the case is chilling for the legal community,” Lorne MacLean,
K.C., said.

“If we don’t fact check AI materials and they are inaccurate it can lead to an
existential threat for the legal system: people waste money, courts waste
resources and tax dollars, and there is a risk that the judgments will be
erroneous, so it’s a huge deal.”

4:14 Examining AI in the courtroom

Sources told Global News the case was a high-net-worth family matter, with the
best interests of children at stake.

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Lawyer Chong Ke allegedly used ChatGPT to prepare legal briefs in support of the
father’s application to take his children to China for a visit — resulting in
one or more cases that do not actually exist being submitted to the court.

Global News has learned Ke told the court she was unaware that AI chatbots like
ChatGPT can be unreliable, and did not check to see if the cases actually
existed — and apologized to the court.

Ke left the courtroom with tears streaming down her face on Tuesday, and
declined to comment.

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AI chatbots like ChatGPT are known to sometimes make up realistic sounding but
incorrect information, a process known as “hallucination.”

The problem has already crept into the U.S. legal system, where several
incidents have surfaced — embarrassing lawyers, and raising concerns about the
potential to undermine confidence in the legal system.

In one case, a judge imposed a fine on New York lawyers who submitted a legal
brief with imaginary cases hallucinated by ChatGPT — an incident the lawyers
maintained was a good-faith error.

In another case, Donald Trump’s former lawyer Michael Cohen said in a court
filing he accidentally gave his lawyer fake cases dreamed up by AI.

4:19 B.C. joins Ottawa’s ChatGPT privacy investigation

“It sent shockwaves in the U.S. when it first came out in the summer of 2023 …
shockwaves in the United Kingdom, and now it’s going to send shockwaves across
Canada,” MacLean said.

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“It erodes confidence in the merits of a judgment or the accuracy of a judgment
if it’s been based on false cases.”

Legal observers say the arrival of the technology — and its risks — in Canada
should have lawyers on high alert.

“Lawyers should not be using ChatGPT to do research. If they are to be using
chatGPT it should be to help draft certain sentences,” said Vancouver lawyer
Robin Hira, who is not connected with the case.

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“And even still, after drafting those sentences and paragraphs they should be
reviewing them to ensure they accurately state the facts or they accurately
address the point the lawyer is trying to make.”

Lawyer Ravi Hira, K.C., who is also not involved in the case, said the
consequences for misusing the technology could be severe.

“If the court proceedings have been lengthened by the improper conduct of the
lawyer, personal conduct, he or she may face cost consequences and the court may
require the lawyer to pay the costs of the other side,” he said.

“And importantly, if this has been done deliberately, the lawyer may be in
contempt of court and may face sanctions.”

1:46 U.S. Congress holds hearing on risks, regulation of AI: ‘Humanity has taken
a back seat’

Hira said lawyers who misuse tools like ChatGPT could also face discipline from
the law society in their jurisdiction.

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“The warning is very simple,” he added. “Do you work properly. You are
responsible for your work. And check it. Don’t have a third party do your work.”

The Law Society of BC warned lawyers about the use of AI and provided guidance
three months ago. Global News is seeking comment from the society to ask if it
is aware of the current case, or what discipline Ke could face.

The Chief Justice of the B.C. Supreme Court also issued a directive last March
telling judges not to use AI, and Canada’s federal court followed suit last
month.

In the case at hand, the MacLeans said they intend to ask the court to award
special costs over the AI issue.

However, Lorne MacLean said he’s worried this case could be just the tip of the
iceberg.

“One of the scary things is, have any false cases already slipped through the
Canadian justice system and we don’t even know?”

— with files from Rumina Daya

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 * Surrey Police Service needs $141.5M as board outlines goals for 2024
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