Canadian Judge Warns Lawyer for Using AI in Legal Documents

A Canadian judge recently admonished a lawyer after discovering that AI tools, like ChatGPT, were used to draft legal documents filled with fictitious case references. The lawyer, Jisuh Lee, has been asked to justify her actions in what’s being termed a “Show Cause Hearing.”

This issue came to light during a court appearance on April 25th, where Lee represented her client in Ontario Superior Court. She submitted a document linking to a non-existent case. Lee defended herself by suggesting that there was a misunderstanding about the case and humorously mentioned that it was likely “an AI hallucination.”

Lee was involved in complex real estate and family law motions concerning a deceased individual. When questioned by Judge Fred Myers about her reliance on AI-generated facts, she stated that her office typically doesn’t use such tools and said she would have to consult with the clerk. However, the judge pointed out that it seemed she hadn’t verified the accuracy of the AI-generated details before presenting them in court.

Judge Myers emphasized Lee’s responsibilities as a lawyer, reminding her of her obligations to not mislead the court and the judicial system. He noted that her actions might have constituted a serious breach of duty, which could result in significant consequences.

Context and Previous Instances

This isn’t the first instance of a lawyer employing AI for legal documentation. Just last month, a lawyer for the CEO of My Pillow faced backlash after using AI to compile a legal brief for a lawsuit regarding reputational damages. The brief was found to contain numerous inaccuracies, including 30 incorrect citations of non-existent cases. The presiding federal judge demanded that the lawyers provide an explanation for why they shouldn’t face sanctions for their conduct.