Written by: Haim Ravia, Dotan Hammer
In a recent landmark decision, the Israeli Supreme Court addressed the use of generative AI to draft pleadings, highlighting the responsibilities of lawyers when using these tools.
The case involved a petitioner seeking to overturn a Rabbinical court’s decision regarding a divorce agreement. The Supreme Court criticized the petitioner’s attorney for relying on AI-generated legal citations that were entirely fabricated. The attorney cited 36 cases that were internally inconsistent and contained nonexistent quotes. The court noted that the attorney had blindly relied on an unnamed website “recommended by colleagues” without verifying the information. This AI “hallucination” led to the submission of fabricated legal precedents. The court considered this behavior as seriously undermining the integrity of legal proceedings.
The court emphasized that while AI tools can enhance legal work, lawyers must exercise caution, responsibility, and critical judgment. Blind reliance on AI-generated content without proper verification is unacceptable and may lead the court to deny claims or sanction plaintiffs and lawyers. Due to the precedent, the Court refrained from invoking sanctions.
Click here to read the Supreme Court’s decision (in Hebrew).
