Why family lawyers shall be careful in using AI to do research? Handa & Mallick [2024] FedCFamC2F 957 (19 July 2024)

We are now heading into an Artificial Intelligence world. Did you notice that many subscription software now provides an Artificial Intelligence feature? DocuSign, Microsoft, Adobe Acrobat, Leap etc.

In Handa & Mallick [2024] FedCFamC2F 957 (19 July 2024), Judge Humphreys intended to refer a solicitor Mr B to the Legal Profession body as the solicitor gave a list of authorities which his Honour and his associate were unable to locate and were likely to be generated through an AI feature.

Mr B is a town’s agent acting for the husband in an Enforcement Application proceedings. While the matter was stood down for negotiation between the husband and wife’s lawyers, the judge requested the parties’ lawyers to provide authorities they intend to rely on so that his Honour would have a read while waiting.

Surprisingly, the judge and his associate could not find four cases in the list submitted by Mr B. When the associate requested Mr B to provide a copy of each of the cases, he failed to do so. Mr B admitted he obtained the list from the AI feature on Leap.

His Honour was worried about Mr B’s ethics and competency and intended to refer him to the Legal Services Commission unless he could explain to his Honour’s satisfaction.

At R&G Law Group, we study a significant amount of published family law cases each year so that we are able to present you with the latest family law advice. While we embrace the latest technology in communicating with clients, we still use the old-fashioned way to study case law, i.e. read, read, read. We believe that it is the humane factor, understanding personal needs and offering tailored services, that technology would not beat.