A man was recently fined $5,000.00 by the Quebec Superior Court for his improper use of artificial intelligence (“AI”) in defending himself. Since its introduction, AI has permeated every industry, and indeed, all of our daily lives. One avenue for AI’s potential use that is often discussed is using it to help self-represented litigants. But can you use AI for legal representation instead of hiring a lawyer?
Can I use AI for legal representation instead of hiring a lawyer?
As useful as it can be in certain situations, AI as it currently stands is not a sufficient substitute for competent legal representation. There are long-standing concerns about the products of generative AI, chief among them the accuracy of what it creates. In legal affairs, this presents itself through two main issues:
- Hallucinations: AI will answer questions in a way that sounds true or believable but might be completely unfounded. It will ‘hallucinate’ cases, making up case names and citations. Once a judge or opposing counsel searches for these cases, they will find that there is no such case, and the party that relied on AI is liable to be punished and/or fined. That is precisely what occurred with the recent Quebec case.
- Limited comprehension of the law: Even if AI cites actual existing cases, its comprehension skills are still in their infancy. It often refers to cases that are:
- non-binding, like Small Claims decisions in the Superior Court context.from another jurisdiction entirely, giving it no persuasive power.
- simply irrelevant and not dealing with the issues at play, even if the case itself is real.
What are the risks of using AI for legal representation?
A party is responsible for whatever they submit to the court, whether through a lawyer or as a self-representative. AI, like any other tool, can be used to assist with preparing submissions or research, but the buck stops with whoever ultimately submits those materials. The courts do not take these errors lightly and the risks entail being fined, publicly called out or other mechanisms available to discipline the lawyer or self-representative client.
This is not the first time that a court has sanctioned individuals for the improper use of AI. A criminal defence lawyer in Ontario was publicly called out this year by a judge for providing submissions filled with fictitious and irrelevant cases. In British Columbia, a lawyer that inserted two fake AI-generated cases into a court document in 2024 was ordered to pay court costs, even though the judge found no intent to deceive.
Longer term, as AI becomes more common and available, the less tolerance the courts are likely to have for misuse of such tools. Penalties will likely continue and probably become harsher as ignorance becomes less of an excuse for such errors.
Why should you contact an employment lawyer for your employment matter instead of using AI?
When it comes to employment matters, AI might seem like a good cost-saving measure, but it is extremely risky for a self-represented party to rely on it. Simply put, there is no substitute for the acumen of an experienced employment lawyer. They can provide peace of mind and proper advocacy for you that your matter deserves. If you would like to discuss further any employment law matters, please contact Whitten & Lublin online or by phone at (416) 640-2667 today.
Can I use AI for legal representation instead of hiring a lawyer?
No. AI cannot replace a qualified lawyer for legal representation in Canada. Courts hold individuals fully responsible for any documents or arguments submitted, even if they were created using AI.
Is it legal to use AI instead of a lawyer in Canada?
You may use AI as a research or drafting tool, but it is not permitted to act as legal representation. AI cannot appear in court, provide regulated legal advice, or replace a licensed lawyer.
Can AI represent me in court?
No. Only licensed lawyers or properly authorized individuals may represent someone in court. AI tools cannot advocate, argue, or file materials on your behalf.
Why did a Canadian court fine someone for using AI?
A Quebec court fined an individual for submitting court materials that relied on fabricated AI-generated case law. The court ruled that parties are responsible for verifying the accuracy of all legal submissions.
Can AI give reliable legal advice?
AI can provide general information, but it cannot reliably interpret laws, apply them to specific facts, or assess legal risk. Legal advice requires professional judgment that AI does not have.
Should I use AI for employment law issues?
No. Employment law cases involve complex legal analysis, credibility assessments, and negotiation strategy. Relying on AI instead of an experienced employment lawyer can lead to lost claims, reduced compensation, or legal penalties.
