38. In our judgement, a supervisor who fails to ensure that the work of a more junior fee-earner does not contain false cases or citations is likely to be more culpable than a lawyer who fails to ensure that his own work is free from such “hallucinations”. An individual in the latter camp fails the tribunal, the public and his lay client, whereas an individual in the former camp fails, in addition, to aid the development of more junior lawyers."

I continue to hold the view that, serious though hallucinations are, they do not come close to the evidential challenges posed by deepfake material. Deepfake evidence may prove to be one of the most significant issues we will need to confront as a profession and I remain concerned about how any jurisdiction will respond once the problem becomes more acute.

Ad/Marketing Communication This legal article/report forms part of my ongoing legal commentary…

Ad/Marketing Communication This legal article/report forms part of my ongoing legal commentary…

“...We attach no blame to him, since he is a litigant in person but we have recorded the names so that others do not fall into the same trap...”

"The Court also finds troubling [Lawyer's] failure to identify or bring the non-existent case citations to the Court's attention before the hearing on the motion to compel arbitration. The Court should not be left as the last line of defense against citations to fictional cases in briefs filed with the court. While [Lawyer] did not create or rely on the fake citations, he also did not detect them. Instead, he admitted he did not review the cases cited by his opponent...."

Ad/Marketing Communication This legal article/report forms part of my ongoing legal commentary…