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Cassan Atkins is a Law Clerk at WEL Partners.
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Although the rise of AI is seen to be a helpful tool, it can also involve serious risks.
The onus is always on the Lawyers and Litigants to ensure accuracy, integrity, and to never rely on technology unchecked for compliance.
Counsel
Must comply with the Law Society of Ontario Rules of Professional Conduct
The LSO’s 2024 White paper provides guidance on use of AI in legal services
All Court Participants
Verify all citations using legitimate sources such as CanLii, government websites, as well as other reputable legal databases.
Ensure compliance with Rule 4.06.1 of the Rules of Civil Procedure by:
- Verifying the authenticity of the publisher of court decisions;
- Verify sources ruled upon in all reports.
Consolidated Civil Practice Directions – Hyperlinking Requirements
- Hyperlink all available cases throughout
- Cite each case and include paragraph references to each case.
- Compendium of all parties must only include referred to in argument and must have a hyperlinked table of contents.
- Any unreported decisions must be included in a book of authorities.
- Use the book of Authorities for materials not publicly available.
Consequences of Misuse
- Professional Misconduct
- Public reprimand
- Cost orders
- Adjourning a hearing or dismissing a matter – Prejudicial to your client
- Initiation of contempt proceedings
- At the end of the day the court’s response will depend on the specific circumstances
- Negligence
To conclude, is it worth it?! Be fully aware of AI and its capabilities. “Prevention is better than cure” do the right thing first so you do not have to spend a lifetime trying to fix the problem.
Be mindful of what you put before the courts!
Resources:
- Law Society of Ontario’s Rules of Professional Conduct
- White Paper
- Rule 4.06.1
- The Use of Artificial intelligence (AI) for Court Proceedings
