The use of AI in Court Proceedings

Dear Editor:

Acting on its own initiative and in connection with a complaint filed before it, the Tribunal de Defensa de la Libre Competencia imposed a fine payable to the state treasury on an attorney of record who, in his brief, cited supposed quotes from tribunal rulings that do not exist. A review of the brief revealed the use of artificial intelligence tools in drafting it. The case highlights at least three noteworthy points: the tribunal’s timely and appropriate initiative; the possibility that sanctions may be sought, at a party’s request, for the misuse of AI; and the pressing need to establish guidelines for participants in the judicial system on this issue. Last year, the Full Bench of the Supreme Court warned that the use of AI tools in judicial functions demands the utmost caution, identified the generation of opaque or inaccurate responses as one of its risks, and provided practical guidance for judges to always independently verify such information. All officers of the court should follow this same guidance. Responsible use will help preserve trust in the legal profession and its ethical principles. The goal is not to restrict its use, but to channel it under clear standards that ensure the accuracy of information, the primacy of human judgment, and the proper professional standards required in the practice of law.
Authors: Martín Mois and Constanza Burgos, Aninat Abogados

Letter to the Editor, Diario Financiero.