03 July 2025
An Artificial Intellgence (AI) legal research tool has, yet again, been criticized for sourcing and creating non–existent citations in legal proceedings. Acting Judge DJ Smit of the Gauteng High Court recently criticized the use of artificial intelligence in legal research after discovering non-existent citations in a case involving Northbound Processing. The company sought to compel the South African Diamond and Precious Metals Regulator to issue a refining license. During the proceedings, Judge Smit found that two cases cited in legal arguments did not exist, a mistake attributed to an AI tool called “Legal Genius,” which claims to specialize in South African legal judgments and legislation.
The senior advocate responsible for the case explained that the AI-generated citations were included due to time pressure in preparing for the urgent application. While the advocate apologized and assured the court that the non-existent cases were not relied upon during oral arguments, Judge Smit emphasized the serious implications of such errors for public confidence in the justice system. He referred the matter to the Legal Practice Council for investigation, warning that negligence in this context could have grave repercussions.
The judge also highlighted a recent judgment from the King’s Bench Division in England, which cautioned against the risks of using AI in legal research, as it may produce entirely incorrect citations. This incident underscores the need for thorough verification when using AI tools in legal proceedings.
The misuse of AI in court has serious implications, as highlighted by Acting Judge DJ Smit in the Gauteng High Court case.
These include:
- Erosion of Public Confidence: Errors caused by AI, such as citing non-existent cases, can undermine trust in the justice system.
- Impact on Justice Administration: Negligence in verifying AI-generated information can disrupt legal proceedings and compromise the integrity of judgments.
- Risk of Inaccurate Information: AI tools may produce entirely incorrect citations or references, leading to flawed legal arguments and decisions.
- Professional Accountability: Legal practitioners may face investigations or disciplinary actions for relying on AI without proper verification.
These issues emphasize the need for law firms and legal representatives to heed caution and ensure validation when using AI in legal research.
Source: Zelda Venter: https://iol.co.za/news/crime-and-courts/2025-07-02-when-using-artificial-intelligence-goes-wrong-judge-slams-lawyers-for-legal-bungle/