Generative AI is a type of AI that creates new content—like text, images, or audio—based on user prompts and large amounts of training data, often drawing from internet sources. Unlike traditional AI, which primarily recognizes patterns, Generative AI produces original outputs that resemble human-created work. While seemingly persuasive and factual, hallucinations in Generative AI are outputs that are inaccurate or misleading.
Why does this happen? AI tools generate answers based on statistical patterns learned from large data sets rather than by verifying facts within those datasets. They analyse the frequency and patterns of words appearing together and determine the probability of a word following another based on that context. They predict the most likely sequence of words or characters, using the statistical relationships they've learned. This can result in AI tools fabricating cases, misquoting judgments, or missing key legal arguments.
Recent studies show that AI legal research tools can be valuable but they are not yet hallucination-free, so users must continue to verify the information that is outputted. for your research, they are not yet a substitute for good old-fashioned authoritative legal research undertaken by a legal research expert. Lawyers remain responsible for the accuracy of any research relied on.
While tools are being developed to counter hallucinations (such as citation checkers), the fact remains that a lawyer is still responsible for the accuracy and validity of the AI created content.
The Law Society’s Library team can help ensure that fact is separated from fiction. Library staff are increasingly being asked to locate and supply cases that have been generated from an AI query. The cases look real but in some cases they are false. The citation may exist; however, it will relate to an entirely different case. One or both of the party names may be correct, but the case is on an entirely different point of law.
Law Society Library staff can access resources to verify and potentially source AI generated case law, but it is important to let the team know that the information has been sourced using AI. Research charges will apply for citation checking.
