AI in the Courtroom
Fair Trial -v- Tech Hype
Artificial intelligence is changing how we live; and now, it’s changing how we go to court. From drafting legal documents to analysing evidence, AI tools are being used more and more in England’s justice system. But is this progress, or a potential threat to fair trials?
What is AI being used for in court?
It is very likely that some lawyers are using AI to:
Most of us lawyers, however, believe that AI is still terribly flawed when it comes to the law, and therefore should not be trusted in relation to case law, or statute. It’s a useful tool, but it’s definitely not human, and cannot assess the nuances in people’s cases, or the relevant precedents in case law in the same way a qualified lawyer can.
What are the risks?
AI can be helpful, but it is, frankly, imperfect in ways that are not immediately obvious to the untrained eye, particularly in relation to the law and how it is applied. Recent cases have shown serious problems:
Judges now receive official guidance on spotting AI generated submissions that contain errors or misleading information. I’m not entirely sure on why they’d need official guidance, given it is almost always immediately apparent when AI has been used. The language is a little odd, and not in line with common parlance, so it is genuinely easy to spot in most cases, and should be extremely easy for a trained lawyer to spot when viewing a submission created by AI.
Who’s responsible?
Legal professionals are still fully accountable for what they submit to court, even if AI helped write it. That means:
What safeguards are in place?
The judiciary is adapting:
What should Lawyers and litigants do?
Well, frankly, lawyers shouldn’t be using it if they cannot understand the basic premise that they will be responsible for the wrong output if they submit it to court. LiPs need to understand that AI cannot replace a lawyer, not yet, maybe not ever. Therefore, they should:
Final Thoughts
AI has the potential to make justice more efficient and accessible, but only if used responsibly. The courtroom isn’t just a place for clever tech; it’s a place where truth, fairness, and human judgment must come first.
As the legal system evolves, we must ask: are we using AI to serve justice or just chasing the hype?
Lea Christiaanson, Director, No.53 Legal Limited 24th July 2025