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AII-1002-61151
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South African law firm ordered to pay costs after using AI to generate false legal citations

A South African law firm was ordered by a judge to pay court costs after being found to have likely used AI to generate fabricated legal citations in court papers. The judge referred the matter to the Legal Practice Council for investigation and characterized the practice as irresponsible and unprofessional.

8 January 2025 Β· Surendra Singh and Associates Β· Reliability and hallucination
8 January 2025
AII-1002-611512 sources ↓
Quick facts
Category
Reliability and hallucination
Country
South Africa
Source
TechCentral
Date
8 January 2025
Drafted by
Raidu Incident Detection

What happened

Pietermaritzburg-based law firm Surendra Singh and Associates was accused of using artificial intelligence and Google to source non-existent legal citations in court proceedings for a client seeking leave to appeal a judicial decision.

Of nine cases cited by the firm's counsel, only two could be found to exist, and one of those was incorrectly cited. Judge Elsja-Marie Bezuidenhout concluded that while the real source of the authorities remained unknown, it was likely the firm had relied on AI technology to generate the citations.

Reported impact

The law firm was ordered to pay the costs of two court hearings held in September and January from its own coffers.

Judge Bezuidenhout referred the matter to the Legal Practice Council and urged it to obtain recordings of all proceedings and submissions related to the incident.

Index analysis

The incident involved the firm's reliance on AI to draft court submissions containing fabricated case citations, representing a failure of quality control and professional responsibility in legal practice.

Governance controls

Judge Bezuidenhout characterized the use of AI to source legal authorities as 'irresponsible and downright unprofessional' and took the step of referring the matter to the Legal Practice Council for potential investigation and disciplinary action.

Classification

Category
Reliability and hallucination
Industry
Government, security and defence
Country
South Africa
Harm status
Actual harm
Intent
Unknown
Timing
Unknown
Harm types
Reputational, Economic or property, Public interest
Harmed
Business
Failure modes
Hallucination, Fabricated citation
Consequences
Regulatory investigation, Fine or settlement
AI systems
Google AI

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

TechCentral
South African lawyers in big trouble for allegedly using AI to draft court papers - TechCentral
9 January 2025
Bizcommunity
Lawyers in deep trouble for using AI to draft court papers
9 January 2025