Generative AI, Fake Law and Professional Guidance

Abstract

This article examines the impact of generative AI (GenAI) on the legal profession, focusing on the rise of AI-generated fake and inaccurate citations in litigation. Case studies presented are from the United States and Canada. We explore the consequences of lawyers relying on unverified AI outputs in legal filings, where AI use resulted in ethical breaches and sanctions.  The article also reviews the response of legal regulators and courts to the emergence of GenAI, and guidance in various jurisdictions, including in the United States, Canada, the United Kingdom, New Zealand and Australia, highlighting best practices for the responsible adoption of GenAI in legal practice.