AI-generated legal submissions increase court workload in Basel
Basel-Stadt courts reported in their 2025 annual report that AI-generated legal submissions have increased judicial workload, particularly in small-value disputes. Lay litigants using AI often do not understand their submissions, and AI systems may suggest unwinnable cases, creating cost traps and requiring courts to examine every argument regardless of merit.
What happened
The courts of Canton Basel-Stadt reported in their 2025 annual report that AI-generated legal submissions have increased their workload. According to Patrick MΓΌller, president of the civil court, large law firms initially began using AI, but recently smaller disputes have seen substantially more written submissions despite low claim values.
The courts must examine every AI-generated argument and submission, regardless of length. MΓΌller stated: 'We have to deal with all arguments anyway,' adding that this creates more work for the court.
Reported impact
Lay litigants who rely on AI to draft legal submissions often do not understand what they are submitting, according to court officials. The use of AI can become a cost trap for non-lawyers, as procedural actions have consequences and generate costs.
AI systems may reinforce parties' existing views and can suggest filing cases even when they are unlikely to succeed. Users ultimately remain responsible for their submissions.
Index analysis
The courts reported that they use AI only in limited ways, primarily for legal research. Meanwhile, AI is increasingly used by the parties themselves to draft submissions.
Governance controls
Stephan Wullschleger, president of the appellate court, stated that parties are free to submit legal filings in any form and that AI submissions cannot be banned. However, he cautioned that relying on AI as a lay litigant is dangerous.
Classification
Sources and evidence
Sources not yet published
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