Advice from the Law Society’s Intellectual Property and Technology Committee
In the recent case of Handa v Mallick [2024] FedCFamC2F 957 (19 July 2024) another lawyer fell afoul of being too reliant upon the use of AI. A list of authorities was submitted by lawyer Mr. B at a Family Circuit Court hearing. The Court raised concerns about the accuracy of the list. In fact, four of the cases in the list simply did not exist.
Mr. B clarified that it was generated from LEAP Legal Software, which uses artificial intelligence.
The court proposed a potential referral of Mr. B’s conduct to the Victorian Legal Services Board for investigation and gave Mr B a month to submit a written explanation (no more than five pages) justifying why he should not be referred to the Victorian Legal Services Board and Commissioner for concerns arising from the authorities he submitted during the hearing. The outcome of those submissions is as yet unknown.
Publication of this judgment under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).