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Misuse of Generative AI in Courts - With Vicki McNamara
Description
In this episode of Future Ready Lawyer, hosts Alex, Armin, and Mark, are joined by Vicki McNamara, Senior Research Associate at the UNSW Centre for the Future of the Legal Profession, to discuss the growing global trend of generative AI misuse in litigation.
The conversation centers on Vicki’s upcoming research, which identifies over 470 cases across common law jurisdictions where AI has generated "hallucinated" citations or procedurally flawed documents. The panel explores the resulting strain on court resources, the phenomenon of "verification drift" where users become too confident in AI outputs to verify them, and the potential long-term risks of eroding critical legal thinking and creativity among junior lawyers.
They conclude by discussing the necessity of better public education and the "average effect" of AI on legal excellence, looking ahead to a future where AI errors may become more subtle than blatant hallucinations.
Show Notes & Links
Guest & Organizations
- Vicki McNamara: UNSW Staff Profile; LinkedIn
- UNSW Centre for the Future of the Legal Profession: Website
- GenAI, Fake Law & Fallout Report Website
Cases & Legal Resources Mentioned
- Mata v. Avianca: The "ChatGPT Lawyer" Case (The US case regarding fake citations mentioned early in the episode)
- May v Costaras [2025] NSWCA 178: Case Judgment (The NSW Court of Appeal case mentioned involving Chief Justice Bell)
- New Zealand Courts - Generative AI Guidelines: Guidelines for Lawyers, Judges, and Non-Lawyers
- Fair Work Commission (Australia): Website (Cited for good plain language material)
NZ Parliamentary Counsel Office: AI Chatbot Initiative