Guidance for non-lawyers on using generative AI in court proceedings
This guidance is for non-lawyers (including litigants in person and people assisting them) who use generative artificial intelligence tools (GenAI), including chatbots, in connection with court proceedings.
It is essential that you understand the capabilities and limitations of GenAI, and your overriding duties to the court. Terms used in this guidance are explained at the end.
Key messages
- GenAI chatbots are not qualified lawyers and do not provide reliable or tailored legal advice.
- GenAI chatbots can provide inaccurate information, even where it appears authentic.
- You must not rely on GenAI as your sole or main source of legal information.
- You are responsible for what you file. You must verify the accuracy and completeness of any factual or legal material you submit to the court.
If you use GenAI, you should:
- obtain copies of any cases, legislation or other sources referenced in your documents
- check the sources are genuine
- check your document accurately reflects what the source says
Parties who submit false or misleading material to the court (including by relying on GenAI tools without adequate checks) may be subject to judicial sanctions, including cost orders and orders dismissing their claim or defence.
1) Before using GenAI, understand its limitations
GenAI cannot provide reliable legal advice tailored to your specific case. Chatbots are not a safe way of researching a legal issue without independent verification.
GenAI chatbots cannot reliably differentiate between facts and opinions contained in their source information. This means their output may include incorrect, opinionated, misleading or biased statements presented as fact.
The data used by some GenAI tools may be out of date and may not be relevant to Irish law or jurisdiction.
GenAI tools should not be used to research information you cannot verify independently, and they should not be relied upon for legal analysis.
GenAI chatbots cannot be relied upon to consistently:
- understand and respond to the unique facts of your case
- predict the chance of success or the outcome of your case
- provide information that is relevant, accurate, complete, up to date and unbiased
- reach legally sound conclusions
2) GenAI is commonly not private or confidential
Treat anything you enter into a GenAI tool as if it may not be private or confidential (even if you pay for the service).
You are responsible for protecting private, confidential, or legally privileged information. You must also not enter information that a court has directed must not be disclosed.
Sharing restricted information with a GenAI tool could result in you unintentionally breaching:
- court orders
- statutory prohibitions on publication
- your own or someone else’s privacy or confidentiality
The use of GenAI may also raise copyright issues.
3) You are responsible for the accuracy of all your filings
Using GenAI does not relieve you of your duties to the court. You are responsible for ensuring that all factual or legal information you provide to the court is accurate, regardless of its source.
You must check the accuracy of any GenAI output before using it in court proceedings.
You should read and familiarise yourself with the High Court’s Practice Direction on accuracy in written filings and submissions (link to be added when confirmed).
GenAI chatbots may:
- make up fake cases, citations and quotes, or refer to non-existent legislation, articles or other materials
- provide incorrect or misleading information about the law or how it applies in your case
- get facts wrong
- confirm information is true if asked, even when it is not
- give different responses when asked the same question again
GenAI output can appear convincing even when it is based on bogus or incorrect references. You should rigorously check any GenAI output, or check it with a lawyer (if possible).
4) Disclosing GenAI use
The court may require you to disclose your use of GenAI chatbots, including the steps you took to check the accuracy of your filings.
You may also have to explain the contents of your legal documents and submissions, and any material (including images, audio or video) you present as evidence.
GenAI tools can generate images, audio and video that look authentic but are fake.
Fake or misleading material must never be used in court proceedings.
Explanation of terms
- Artificial intelligence (AI): the theory and development of computer systems able to perform tasks normally requiring human intelligence.
- Generative AI (GenAI): a form of AI that enables users to quickly generate new content. This can include text, images, sound and other data.
- GenAI chatbot: a computer programme for simulating online human conversation using generative AI.
Non-lawyers include:
- Litigants in person: people who represent themselves in court (sometimes also called self-represented or unrepresented litigants).
- McKenzie friend: an individual who, with the court’s permission, accompanies a litigant to court, helping them (for example, by taking notes or organising documents). They are not qualified lawyers and may not be remunerated. They are generally not permitted to make submissions directly to the court.
