Artificial intelligence and law

SUMMARY

The introduction of artificial intelligence into law is redefining the boundaries of professional responsibility. While AI-based tools offer law firms valuable support in case law research, drafting of acts, and document management, they also introduce new risks related to the reliability of generated information. Increasingly, in fact, there are cases of “hallucinations,” i.e., citations or legal precedents completely invented by generative models.

The recent episode of a lawyer sanctioned for submitting a brief containing false citations-and the other side punished for failing to detect them-is a warning sign for the entire industry. Today, the duty of care is no longer only about the correctness of one's work, but also about the ability to detect any errors or abuses committed by opponents through the misuse of artificial intelligence.

The article analyzes the implications of this evolution, showing how artificial intelligence and law are converging toward a new balance made of efficiency, but also of shared control, verification, and accountability. The growing role of human supervision and the new skills that every lawyer will need to develop to operate safely in an increasingly automated digital environment are also explored.

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In the contemporary legal world, artificial intelligence and law find themselves intertwined in ways that are as profound as they are problematic. The adoption of tools based on generative algorithms has revolutionized many aspects of work, such as Content management, brief writing and legal research, bringing to law firms a speed, technical depth and analytical ability never seen before. But, as is often the case When technology accelerates faster than the hardware available to offices and the culture that must govern it, what began as support risks turning into a minefield destined to generate problems, delays and contrasts.

A recent U.S. court case clearly showed how dangerous automation can become if it is not accompanied by strict human control: a lawyer, relying on artificial intelligence software, submitted a brief containing completely fabricated quotes. The penalty imposed by the judge-a fine of $10,000-was severe but not surprising. Instead, what struck the entire legal world was the court's reasoning toward the other side: failure to detect the error was not considered mere distraction, but professional misconduct.

In this new season, and in light of these kinds of judgments, the lawyer's job is transforming: it is no longer enough to check one's own argument, but it is necessary to watch out for the opponent's as well, verifying that every reference is authentic. It is a sign of a time when artificial intelligence and law coexist in an unstable balance between innovation and responsibility.

Artificial intelligence and law: what is changing

The entry of artificial intelligence into law firms has been rapid and, in many cases, inevitable. Generative algorithms are now used to draft deeds, identify precedents, summarize contracts, or even produce predictive analyses of trial outcomes. The promise is to reduce time and costs, freeing professionals from more repetitive tasks and allowing them to focus on substantive analysis.

However, this integration between artificial intelligence and law presents pitfalls that only expert supervision can effectively contain and avert. The so-called hallucinations - seemingly plausible but completely false results - are among the main risks reported by academic research and leading digital legal solution providers. AI, clearly, does not lie by intent but by structure: Indeed, its operation and the architecture with which it is designed leads it to generate consistent combinations of text, but this does not mean that they always correspond to truth.

In a particular and specific environment such as law, Where every word can determine the outcome of a case and the future of a person or company, the difference between accuracy and invention is much more important than in other fields. Automation cannot and should not replace professional judgment, but only enhance it. 

The real challenge, today and in the near future, will therefore be to promote a virtuous balance: Use AI as an ally without delegating the authority of legal reasoning to it.

The case-emblem: when the lawyer must also control the opponent

The episode that opened a new chapter in the relationship between artificial intelligence and law occurred in the United States. A lawyer, relying on a generative AI system to draft a brief, included a number of case law citations that never existed. When the court discovered the error, the sanction was immediate and heavy.

But the most interesting point is not the fine imposed on the professional, but the court's decision to deny reimbursement of legal fees to the opposing party. According to the judge, the opposing party should have noticed the inconsistency of the citations and reported it. In other words, responsibility extended to those who, despite having the ability to control, chose not to do so.

This seemingly strict principle introduces a new logic into the legal system: diligence is no longer only about one's own production of acts, but also about verifying the trustworthiness of others. In the age of automation, and this applies almost indiscriminately to all fields using these technologies, legal competence is also measured in the ability to recognize when AI has erred. A technologically aware lawyer is not only more efficient, but also more prudent for his or her clients and the firm.

The roots of the problem: a pre-existing fragility

The phenomenon of “invented” quotations is but the modern manifestation of a long-standing fragility. Before the advent of AI, there was already a widespread tendency to copy case lists or references from manuals without checking the original sources. Artificial intelligence has simply amplified this habit, automating what was previously a human shortcut.

In the context of artificial intelligence and law, the risk is not so much the technology itself, but the extremely superficial use that is still being made of it. In fact, digital tools do not eliminate negligence, but rather make it faster and harder to detect. The illusion of accuracy created by the fluid language of AI induces trust in what appears credible but may have been written without any foundation.

Precisely for the reasons we have just listed, human supervision remains an essential skill of the modern jurist. Knowing how to recognize an AI-generated error is not just a test of care, but a deontological duty that every lawyer should have. In this sense, the technological revolution does not erase the old rules of the trade, it simply makes them more urgent.

The new responsibilities of the lawyer in the age of AI

The advent of artificial intelligence is profoundly redefining the scope of professional responsibility. In the field that combines artificial intelligence and law, the line between efficiency and superficiality is thinner today than ever before. Indeed, automation makes it possible to reduce time and expand analysis, but any content generated by an AI system remains a probabilistic construction, not a legal truth. For this reason, the human element is still what guarantees the reliability and legitimacy of legal work.

Human control thus becomes the new frontier of professional diligence. In this scenario, the lawyer must act as an interpreter of technology as much as of the law, combining technical rigor and digital awareness.

New responsibilities of the professional include:

• Verification of AI-generated citations: every jurisprudential or doctrinal reference must be checked on official sources. Blind reliance on a generative system does not constitute professional justification.
• Cross-supervision of documents: not only on their own work, but also on that of their opponents. The new practice requires the lawyer to analyze the acts of others in search of errors or manipulations due to AI.
• Transparency to the client and the court: when using artificial intelligence for drafting, it is appropriate to state this and explain what checks have been made. Trust, in law, comes from transparency.
• Continuing Education On the use of AI: technical competence is now an integral part of professional ethics. Understanding the limitations, biases, and modes of operation of AI tools is essential for compliant use.
• Document management and compliance: the adoption of internal procedures and specific policies protects the firm from systematic errors and ensures traceability of the choices made.

These new practices do not replace the old rules of law, but update them. L’digital lawyer must not only know the law, but also understand the logic of the systems that interpret it.

Best practices for safe use of artificial intelligence in law

Properly managing the binomial artificial intelligence and law means integrating technology in a controlled, conscious and verifiable way. No software, no matter how sophisticated, can replace the legal intuition or argumentative sensitivity of a professional. However, concrete strategies can be adopted to minimize risks.

Here are some operational best practices:

• Choose specialized platforms for the legal sector: using tools developed for legal contexts and not generic templates reduces the likelihood of generating erroneous or inaccurate content.
• Implement a manual validation process: every citation or reference must be verified by a human operator before the official submission of the act.
• Establish an internal policy on the use of AI: law firms should clearly define audit scopes, limits, and procedures, providing specific responsibilities for who uses AI.
• Train legal personnel: continuous updating on tools, risks, and verification techniques enables AI to be transformed from risk to resource.
• File and document the control process: Keeping records of audits conducted is critical to demonstrate professional diligence in case of disputes.

Following these principles, the use of artificial intelligence does not become a threat to professional credibility, but a qualifying element of the firm's modernity.

The role of Lanpartners: technology and responsibility in the service of law

To cope with the complexity of this new scenario, law firms are increasingly relying on technology partners that can offer integrated, secure and compliant solutions. Lanpartners, for more than two decades, has been supporting professional realities operating at the intersection of artificial intelligence and law, helping them to responsibly manage the digitization of processes.

Our agency, formed by a team of highly qualified professionals, provides advice on:

• Implementation of IT infrastructure for secure management of legal data;
• Selection of reliable and verifiable artificial intelligence tools;
• Training on risks and control methodologies;
• audit and compliance to ensure regulatory and ethical compliance.

With its experience in the field of digital security and of the technology consulting, Lanpartners becomes a strategic ally for those who want to innovate without compromising the quality and reliability of legal work.

Artificial intelligence and law: toward a new ethics of verification

The case of “made-up” quotes should be, for everyone, a wake-up call to which we should pay close attention. The intertwining of artificial intelligence and law cannot be governed by technical tools alone: a culture of verification, prudence and responsibility is needed. Today's lawyer is not only an interpreter of the law, but also a guardian of digital truth.

Supervising AI does not mean distrusting it, but understanding its limitations. Those who can do this methodically and consciously will be able to exploit the full potential of technology while protecting their own reputation and that of their customers.

Lanpartners accompanies law firms through this transition, providing tools, training and technical support to ensure ethical and safe use of artificial intelligence in law.