Beware of hallucinations when using AI for law
As lawyers increasingly turn to artificial intelligence (AI) systems to streamline their research, workflows and document drafting tasks, a subtle yet insidious threat lurks in the shadows: hallucinations.
Hallucinations refer to instances where the system generates false or misleading information, often with convincing confidence. These hallucinations can have disastrous consequences, from flawed legal arguments to incorrect application of law. It is crucial for lawyers to understand the risks and take steps to mitigate them.
What are Hallucinations in AI?
Hallucinations occur when an AI system, such as a large language model (LLM), generates output that is not based on any actual input or data. This can happen due to various factors, including:
- Biased Training Data: If the training data contains errors, inaccuracies, or biases, the AI system may learn to replicate these flaws.
- Overfitting: When an AI system is too closely fit to the training data, it may begin to generate output that is not grounded in reality.
- Lack of Contextual Understanding: AI systems may struggle to comprehend the nuances of human language, leading to misinterpretation or misapplication of legal concepts.
The Risks of Hallucinations in Legal Research
Hallucinations in AI-powered legal research can have severe consequences. Hallucinations that are a part of an AI system used for legal work can include creating flawed legal arguments such as relying on false or misleading information. That can lead to poorly crafted legal arguments by the attorney thus damaging a client’s case and the attorney’s reputation. Hallucinations that emanate from an AI system used for legal purposes may also result in incorrect or outdated legal information, potentially leading to malpractice.
Ultimately, if not checked, hallucinations from AI systems used by attorneys will lead to an erosion of trust: If clients discover that their lawyer has relied on inaccurate AI-generated information, it can damage the attorney-client relationship.
The Risks of Hallucinations in Legal Document Drafting
Hallucinations in AI-assisted document drafting can also have severe negative consequences. Hallucinations caused by AI systems used by attorneys to draft legal documents such as court filings and contracts can lead to losses at trial and to weak clauses inside agreements. Unenforceable documents may be inadvertently created because the AI-generated errors or inaccuracies can render documents invalid or unenforceable. Hallucinations can also result in unforeseen consequences, such as unintended liability or unforeseen tax implications.
As with legal research and reckless use of AI, in drafting legal documents, hallucinations gone unchecked by an attorney using AI as part of their process to create those documents will ultimately lead to damaging a lawyer’s reputation and erode client trust.
Best Practices to Mitigate Hallucinations
To avoid the risks associated with hallucinations, lawyers should:
Verify AI-generated information: Cross-check AI output with traditional research methods to ensure accuracy.
Use trusted AI systems: Use AI systems that are specifically built for attorneys and to be used in the practice of law. Those systems typically carry a cost as they require substantial commercial development and AI design expertise but the risks of using them are low because they are purpose-built for lawyers to use as part of their practice.
Stay up-to-date with AI developments: Even though you may use a trusted legal AI application, it is up to you as the lawyer to regularly update your knowledge of AI systems, their capabilities, limitations, and potential biases. Just as you ensure you are attending CLEs for your particular practice area, it is important to also keep up with the latest state of technology in the law – especially with respect to AI systems used by lawyers – and always maintain a healthy skepticism when relying on AI-generated information.
Conclusion
As AI continues to transform the legal landscape, it is essential for lawyers to be aware of the hidden danger of hallucinations. By understanding the risks and implementing best practices, lawyers can harness the power of AI while ensuring the integrity of their research, business and process workflows and document drafting methods. The future of the law depends on it.