AI Hallucinations in Legal Practice: Courts Worldwide Grapple with Fabricated Case Citations

Reviewed byNidhi Govil

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Legal professionals worldwide are facing serious consequences for submitting AI-generated legal briefs containing fabricated case law and citations. A growing database tracks nearly 500 court filings with AI hallucinations in just six months.

Global Crisis in Legal AI Usage

Courts worldwide are confronting an unprecedented challenge as legal professionals increasingly submit briefs containing AI-generated fabrications. French data scientist and lawyer Damien Charlotin has documented at least 490 court filings in the past six months containing AI "hallucinations" - false or misleading information generated by artificial intelligence tools

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. The majority of these problematic cases originate from the United States, where judges have issued warnings and, in some instances, levied fines against attorneys

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Source: The Conversation

Source: The Conversation

South African Legal Precedent

A landmark case in South Africa has highlighted the severity of this issue. In Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal and Others, the legal team submitted nine case authorities to the High Court, of which only two were genuine

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. The remaining seven were AI-fabricated hallucinations generated by ChatGPT. The court deemed this conduct "irresponsible and unprofessional" and referred the matter to the Legal Practice Council for investigation

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Source: Tech Xplore

Source: Tech Xplore

This incident marks a turning point in judicial tolerance. While a previous 2023 case, Parker v Forsyth, also involved fake ChatGPT-generated case law, the judge showed more leniency, finding no intent to mislead

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. The Mavundla ruling demonstrates that courts are losing patience with irresponsible AI usage.

International Pattern of AI Misuse

Similar incidents have occurred globally, establishing a concerning pattern. In the 2024 American case Park v Kim, an attorney cited non-existent case law generated by ChatGPT in her reply brief

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. The 2024 Canadian case Zhang v Chen involved a lawyer filing a notice of application containing two fabricated case authorities from ChatGPT . Even high-profile companies face scrutiny - a federal judge in Colorado ruled that a MyPillow Inc. lawyer filed a brief containing nearly 30 defective citations

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Source: Digital Trends

Source: Digital Trends

Professional Responsibility and Supervision

The Mavundla case revealed critical failures in professional oversight. The advocate admitted she had not verified the citations, relying instead on research conducted by a junior colleague

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. The court emphasized that regardless of technological advancement, lawyers remain responsible for ensuring source accuracy, with workload pressure or AI ignorance providing no defense .

The judge also criticized the supervising attorney for failing to review documents before filing, underscoring the ethical principle that senior lawyers must properly train and supervise junior colleagues

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Educational Implications and Solutions

Legal academics argue that law schools must address this crisis through comprehensive AI education. Most universities lack formal AI policies or training programs, leaving students without guidance in this rapidly evolving landscape

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. The recommendation is not to ban AI tools outright but to develop "AI literacy" - the ability to question, verify, and contextualize AI-generated information

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Experts emphasize treating AI systems as assistants rather than authorities. Maria Flynn, CEO of Jobs for the Future, advocates thinking of AI as "augmenting your workflow" rather than substituting for human judgment

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. This approach requires users to verify AI outputs, particularly when dealing with factual information that could have serious consequences if incorrect.

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