Australian Lawyer Sanctioned After Submitting AI-Generated Fake Citations in Court

Victorian Lawyer Sanctioned for Using AI-Generated False Citations in Court

A Victorian lawyer has become the first in Australia to face professional sanctions after submitting AI-generated false citations in a court case. The lawyer was stripped of his ability to practise as a principal lawyer following an investigation into the use of artificial intelligence that produced inaccurate legal references he failed to verify.

Incident Overview

During a 19 July 2024 hearing, the solicitor—whose identity remains anonymous—represented a husband in a dispute involving an enforcement application. The lawyer provided a list of prior cases requested by Justice Amanda Humphreys. However, neither the judge nor her associates could identify the cases listed.

Upon returning to court, the lawyer confirmed the list was generated by legal software using AI. He admitted he had not verified the accuracy of the citations before submitting them. The lawyer issued an unconditional apology and agreed to cover the other party’s costs for the hearing that was effectively wasted.

Judicial and Regulatory Response

Justice Humphreys accepted the apology but emphasised the importance of a formal investigation given the public interest. She referred the matter to the Victorian Legal Services Board and Commissioner due to the growing use of AI tools in legal practice and the potential ethical implications.

Following the investigation, the lawyer’s practising certificate was varied on 19 August. He lost his entitlement to practise as a principal lawyer, was prohibited from handling trust money, and can no longer operate his own law practice. Instead, he must work as an employee solicitor under supervision for two years, with quarterly reports submitted to the board.

A spokesperson for the Victorian Legal Services Board stated, “The board’s regulatory action demonstrates our commitment to ensuring legal practitioners who use AI do so responsibly and in line with their professional obligations.”

Broader Context of AI Use in Australian Courts

Since this case, there have been over 20 reported instances in Australian courts where lawyers or self-represented litigants submitted documents containing fake citations generated by AI. Similar referrals have been made in Western Australia and New South Wales to their respective legal regulatory bodies.

There was also a notable case where a document was claimed to be AI-prepared but was proven to have been created before the public availability of ChatGPT, highlighting challenges in verifying AI-generated content.

Professional Guidance on AI in Legal Practice

Legal organisations acknowledge AI’s growing role in legal work but stress that it does not replace professional judgment. Juliana Warner, president of the Law Council of Australia, highlighted the need for extreme caution when using AI tools.

She said, “Lawyers must always keep front of mind their professional and ethical obligations to the court and to their clients.” Courts view AI-generated false citations as a serious issue but recognise that banning AI entirely in legal proceedings would be impractical and could hinder access to justice and innovation.

What This Means for Legal Professionals

• Verify all AI-generated legal research before submission to court.
• Understand the capabilities and limitations of AI tools used in legal practice.
• Maintain clear professional responsibility regardless of technology used.
• Stay informed about regulatory developments concerning AI use in law.

Legal practitioners interested in responsible AI integration can explore relevant AI training and courses designed specifically for legal professionals to build safe and effective workflows.