EWJ August 62 2025 web - Journal - Page 79
GenAI output. The risks of overreliance on
GenAI-generated output are numerous and significant (and for a more detailed analysis, see our previous article on AI in the arbitration context here.) That
is not to detract from the obvious benefits of legal
GenAI tools, but while they continue to generate fabricated information (hallucinations), lawyers should
exercise appropriate professional scepticism.
The Hamid Judge made a finding to that effect: "Those
who use artificial intelligence to conduct legal research
notwithstanding these risks have a professional duty therefore
to check the accuracy of such research by reference to authoritative sources, before using it in the course of their professional work (to advise clients or before a court, for example)."
This is not new law. Rather, it is a reminder of existing
principles which appear, in the age of GenAI, to have
been quickly forgotten. Access to a tool which mimics
a lawyer's output does not release its user from its duties not to mislead the court or to act in its clients' best
interests. Lawyers need not wait for AI-specific regulation to tell them that.
References
[1] The King on the application of Frederick Ayinde v
The London Borough of Haringey
Hamad Al-Haroun v Qatar National Bank Qpsc, Qnb
Capital Llc [2025] EWHC 1383 (Admin)
[2] R (on the application of) Frederick Ayinde v The London Borough of Haringey [2025] EWHC 1040 (Admin)
[3] Hamad Al-Haroun v Qatar National Bank QPSC and
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EXPERT WITNESS JOURNAL
77
AUGUST/SEPT 2025
