Written by Molly Rowe
Law firms are seeing increasing amounts of correspondence from litigants in person, who are using Artificial Intelligence (AI) to boost their arguments. There are emerging reports of litigants in person relying on precedent and case law that has been fabricated by generational AI programmes.
In a landmark case (Harber v HMRC), a litigant in person presented arguments based on nine decisions which supported their defence. These decisions could not be found in existing case law, and it was acknowledged that they might have been generated by AI. Harber was not penalised for this oversight however the judge was concerned at the waste of time and resources that occurred as a result.
Further guidance is needed from the court service regarding the presence of AI in courtrooms to ensure that, whilst being a useful tool for litigants in person, its limitations are addressed. Law firms should also be aware that litigants in person may be using AI tools to generate emails to the other side and particular care should be used in responding to the same.
Our advice is to approach these situations with caution and professionalism. Always verify the accuracy of any case law or precedent provided by litigants in person, especially if there are inconsistencies or anomalies. Develop clear internal protocols for identifying and addressing AI-generated correspondence, ensuring that client interests are protected while maintaining ethical standards.
For tailored guidance on navigating cases involving AI-generated submissions or correspondence, contact us today. Our expert team is here to assist.
Molly Rowe
Debt Recovery Paralegal
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