AI Hallucinations in Estates Court – The Cautionary Tale of Ko v. Li
In Ko v. Li, Justice FL Myers addressed a case involving the applicant’s legal counsel submitting a factum that contained fictitious and mis-cited cases. The court suspected these errors were the result of AI-generated content, specifically citing potential “hallucinations” where AI produces fabricated or inaccurate information. The factum’s references to non-existent or incorrectly cited cases raised concerns about the integrity of the court process, as such submissions could mislead the court and obstruct justice.
Issue Around the Use of AI in Court Material:
The primary issue was the submission of a factum by the applicant’s counsel that included suspected AI-generated content, specifically fictitious and mis-cited cases. Justice Myers highlighted that this could constitute an abuse of process or contempt of court, as it risked undermining the court’s ability to rely on accurate legal submissions. Justice FL Myers addressed the AI-related issue of suspected hallucinations in the applicant’s factum by ordering the following:
Show Cause for Contempt: The judge ordered legal counsel for the applicant, to show cause why she should not be cited for contempt of court due to the submission of a factum containing fictitious and mis-cited cases, suspected to be AI-generated. The court noted that this could constitute an abuse of process or contempt in the face of the court, as it risked misleading the court and obstructing justice.
Scheduling Conference: The court required the client or her counsel to attend a scheduling case conference by Zoom to discuss the process for the contempt hearing, ensuring procedural fairness and the presumption of innocence.
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