The Real Problem in Hallucination Cases Is Not the Failure to Verify
Cases keep cropping up where counsel has used AI to create a court submission containing made-up cases. The common response on the part of courts and the profession has been: ‘prompt, but verify.’ It’s okay to use AI, just make sure it’s accurate.
I think this response misses the mark. But consider first how fixated we’ve become over the issue of verification — implying that this is all we need to be concerned about in deciding whether counsel should be using AI to write court submissions.
As Judge Moore in a Federal Court case wrote earlier this year:
. . . [more]The use


