In England and Wales, judges are permitted to utilize generative artificial intelligence systems such as OpenAI’s ChatGPT for basic tasks, but they are explicitly advised against relying on chatbots for legal research or the analysis of legal matters, according to guidance released.
The judiciary also cautioned judges to be vigilant for indications that AI chatbots might have prepared legal arguments, as has occurred in the United States and recently in Britain. The guidance emphasized that references to unfamiliar or potentially fictitious cases and parties and the citation of different bodies of case law for the same legal issue may serve as indicators of AI usage. Geoffrey Vos, the Head of Civil Justice in England and Wales, highlighted that this guidance marks a pioneering step within the jurisdiction.
He informed the press during a briefing preceding the release of the guidance that artificial intelligence “offers significant opportunities for the justice system.” However, given its novelty, he emphasized the necessity to ensure that judges at every level comprehend its functionalities, processes, and limitations. Vos asserted that judges can distinguish between authentic legal arguments and those generated with the assistance of AI, including potential scenarios involving deepfakes as evidence. He highlighted that judges are trained to discern truth from falsehood, a skill applicable in the contemporary era of AI just as it has been in the past.
Vos, who assured Reuters in March that AI poses no threat to lawyers, also mentioned the potential for using the technology to settle minor disputes. However, he acknowledged that this possibility is remote. When questioned about the potential for AI to alleviate the backlog in the English justice system, Vos expressed openness, stating, “I do not dismiss any potential solution.” However, he emphasized that the current lack of confidence among individuals and businesses in AI’s ability to decide disputes makes its immediate implementation unlikely. Vos stated, “We cannot adopt AI-driven decision-making until we are certain that the people we serve would trust such an approach,” adding that achieving that confidence is still a long way off.
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