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Cases of artificial intelligence generating fake legal references have come to light, raising concerns that lawyers who are heavily dependent on the technology could make mistakes that may affect the delivery of justice.

Prominent Fijian lawyer Richard Naidu highlighted this in an interview with FBC News, noting that AI can speed up legal research, but lawyers must continue to conduct their own research and verify the information they use.

He says the issue has become a global concern, with AI now featuring prominently in discussions at law conferences worldwide.

“AI, as they say, hallucinates. It creates cases that don’t really exist. And you read a footnote and look up a court case that is being relied on by the other side and then realize it’s not there. It’s not real. So those are the sorts of things where overreliance on AI causes problems. And we’re already seeing that here. We’re already seeing fake cases and the AI hallucinating. And so it’s the same for not just young lawyers, but old lawyers as well. AI is a good servant, but a bad master.”

Australian High Commissioner to Fiji Peter Roberts further notes that AI offers opportunities to improve legal work through research, document summaries, and drafting assistance.

However, he warns that the technology could also affect how the profession develops future experts.

Roberts says junior lawyers traditionally build their skills by researching cases, preparing drafts, receiving feedback, and learning from their mistakes.

With AI now taking over much of the work that was traditionally done by lawyers, he questions how the profession will develop experienced lawyers for the future.

Roberts says the legal profession must use AI to strengthen expertise, rather than replace the process through which that expertise develops.

As the technology becomes more widely used, lawyers must embrace its benefits while maintaining the skills and judgement their profession demands.