Tag: Law

Law

AI in Legal Research: Risks of Fake Case Citations

bruceandholly
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The Law Society Gazette recently reported on a case where a pupil barrister had mistakenly cited fake cases as part of her legal submissions in a case involving a local authority’s duties towards a homeless man. She had found the cases through her internet research and did not realise that the cases which she had cited did not actually exist. They had been entirely made up by an artificial intelligence program even though they appeared to her to be genuine. The result was a wasted costs order not only against her but also against the Law Centre which had instructed her. Add to that the reputational damage against both as well as the possibility of professional sanction. That’s not to say that artificial intelligence should never be used as a research tool. Only that it is a professional responsibility to carry out the follow-up due diligence to ensure that what is cited is absolutely correct.

It’s important to recognise what exactly AI is. As far as I can see, AI, in this situation, is nothing more than an advanced search engine which not only identifies data but then goes on to mash it up and serve up something else out of its components. It’s like me going down to my local breakers yard and collecting bits and pieces to build my own car. I’m sure that if I asked AI to write my next Eurovision hit in the style of Elton John, it would present to me a rehash of Lulu’s ‘Boom Bang Bang’. Which brings me onto another controversial issue. Because if I then go on to use that content as part of my Eurovision entry, I will then be breaching copyright. But that doesn’t mean that I don’t use AI in my work, including the writing of this article.

As I was aware that this was not the first instance of fake cases being cited by AI, I asked my Gemini search engine to find me some other instances where lawyers have been caught out using fake cases generated by AI. It came up with the following cases: New York Aviation Injury Claim (Mata v Avianca 2023); Morgan v Morgan (Wyoming); UK Tax Tribunal Case (Harber v Commissioner for HM Revenue and Customs) which involved a self-represented tax payer.

Have I checked any of those cases out before including reference to them in this article? No I haven’t. But neither am I intending to cite them in any court proceedings anytime soon. So I’m afraid that you will just have to trust me.

One of the reasons given by the pupil barrister for her use of AI generated cases was that she did not have direct access to Lexus Nexus or the White Book, which contains the civil practice rules. In those circumstances my own ‘go to’ would be the British and Irish Legal Information Institute, which provides a free on-line legal resource for current case law. It also makes it incumbent for anyone acting for an opponent to also check out case law provided to them by another party, just to make sure that it actually exists.

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Ten New Year’s Work Resolutions for Local Authority Conveyancers

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It seems strange that in today’s corporate world, the only people to have full secretarial support are those who are least likely to need it. They are the captains of industry who spend most of their time in meetings instead of sitting in front of a screen pushing out documentation in volume. For the rest of us, it’s about making the best of what limited support is available to us. One of the positives coming out of the covid lockdowns was a permanent change in working habits, which means that we can do more of our work from the back bedroom instead of traipsing through the morning and evening rush hours. Who would want to go back to that? It was also fortuitous that this change in working habits coincided with technical developments which enable us to meet on teams at the moment’s notice instead of taking an afternoon out of the office to meet face to face. So what has all this got to do with New Year’s resolutions? Just this! In conveyancing, time is money. A delayed completion often means a delayed rental stream or a delayed capital receipt. And everyone loses.

If progress on a transaction stalls completely, other things will supervene and it will begin to unravel. One of the issues I have with traditional time recording is that it rewards inefficiency, with the slowest most inexperienced fee earner charging out the most time for a transaction. When it should be all about unit-cost, meaning that the faster you are able to work without compromising on quality or accuracy, the better value you are providing to your corporate client. In this post, I provide suggestions for ten New Year work-resolutions which can help you become one of the most efficient conveyancers in your team, simply by making the best use of the resources which are available to you . Here they are:

  1. Dictate! Dictate Dictate! All computers which are Windows 10 and above, have a voice dictation facility. But you will need to find it and enable it. Voice dictation is improving all the time but is still far from perfect. Unlike a secretary, automated voice dictation cannot interpret what you have said. It will simply transcribe what it thinks you have said. So if I dictate the word, ‘ comma’, it will tell me to ‘Call my Mum’. If I say ‘draft’, as in document, it will give me the draught which is blowing in through the open window behind me. So why do I use voice dictation? Because even with its many faults, it is still three times quicker than typing everything out longhand.
  2. Purchase a wired mouse, a wired keyboard, a wide-screen monitor and a wired headset which you are going to use if you are going to dictate. Unless you have micro fingers, don’t try doing all your work on the tiny keyboard which is attached to your laptop. Invest in a wide screen monitor so you don’t have to squint. Using a wide screen also makes it easier to proofread documentation and reduces the risk of mistakes.
  3. Take an interest in legal developments, even if they don’t directly relate to your work. If you are working in a bubble, it is too easy to miss the big changes which are happening in mainstream conveyancing. Subscribe to an online newsletter like ‘Today’s Conveyancer,’ which is aimed at the high street practitioner.
  4. Take time to get to know your corporate clients and learn what they really want from an in-house legal service. It’s not about being ‘cheap and cheerful’. Instead of huddling together with other lawyers, try to become part of the client team.
  5. Be serious about meeting your financial targets, even if colleagues are not meeting theirs.
  6. The 10:00 a.m. to 4:00 p.m. core hours slot is sacrosanct. Nothing must be allowed to get in the way of chargeable work. Try to keep training and other distractions out of those core hours.
  7. Be prepared to innovate and discover ways to improve productivity. Set up templates and standardise wherever possible. Don’t send out documentation in draft if you can send out an engrossment.
  8. Look for ways to raise your own professional profile. Remember that meeting continuous professional development (CPD) requirements need not only involve being a passive listener. You can also earn points by presenting training to clients and prospective clients and raise your own profile in the process.
  9. Have confidence in your own professional judgement. And be prepared to provide your client with clear and robust advice. If you don’t have confidence in your own professional judgement, why should anybody else have confidence in you?
  10. Never pass up an opportunity to get into management, even if it’s only for a few months to cover somebody’s maternity leave. Management experience does not only look good on your CV. Leadership is also a valuable life skill which can only be learned by doing. And if you go into management, make sure that you look, act, and sound like a manager, because it will affect the way other people react to you.
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Cornwall Council’s Car Park Outsourcing: Legal Concerns Explained

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I have to query the legality of the proposal by Cornwall Council to outsource the management of up to 22 of its car parks, to take them out of statutory control under the Road Traffic Regulation Act 1984. Isn’t that precisely what Robert Goodwill MP, Parliamentary Under Secretary of State, warned against in his open letter to local authority parking managers of 16th September 2014? Well not quite! Goodwill’s letter was aimed at some councils who thought it okay to opt themselves out of the statutory local authority parking regime and instead manage their car parks under Schedule 4 of the Protections of Freedoms Act 2012, which now governs the management of private car parks. It was the 2012 Act which abolished unregulated wheel clamping on private land and instead introduced a regulated process to enable the owners of private car parks to manage their operations. Though why any local authority could have thought it lawful to opt out of statutory regulation is beyond me. But Cornwall’s case is different because the Minister’s 2014 letter makes no mention of leasing arrangements, which is what Cornwall Council is proposing in this case. Hang on!

The prospective lessee of Cornwall’s 22 car parks is not any old company. According to a council report, the prospective lessee will in this case be a wholly owned subsidiary of Cornwall Council. Least, that’s what the Scrutiny Committee report of 4th September 2024 states:

“Following a successful trial at Tower Headland ( Little Fistral) in Newquay, a new model of managing some of our car parks has been considered which supports the principle of decentralisation. Essentially this involves the transfer of a car park site by means of a lease to a council owned company, who would then manage the land; paying rental at least sustaining the income to the council and removing the liability of the council to maintain and manage the asset.”

A council-owned company! How arms length is that? The only other companies we can see mentioned in the reports are the privately owned Treveth and Conserve, which would be managing the day-to-day operation of the car parks.

Key to the legality of outsourcing an off- street parking place is paragraph 3(1) of Schedule 4 of the Protection of Freedoms Act 2012, which defines ‘relevant land’ to which Schedule 4 applies and which is stated as follows:

“In this schedule relevant land means land (including land above or below ground level) other than:

a) a highway maintained as a public expense ( within the meaning of section 329(1) of the Highways Act 1980;

b) a parking place which is provided or controlled by a traffic Authority;

c) any land not falling within paragraphs a or b on which the parking of a vehicle is subject to statutory control.”

The other thing which I noticed when reading the officer reports is that, as far as I can see, no mention was made of the Minister’s 2014 warning letter. Nor of Schedule 4 of the Protections of Freedoms Act 2012. Forgive me! But aren’t those ‘material considerations’ for any decision of this type? Apparently not. Let’s see what the Parking Adjudicator makes of it.

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Expert Guidance for Local Authority Conveyancing Professionals

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Updated guidance for the 34,500 in-house solicitors practising in England and Wales, re-states how those solicitors should respond to the challenges of working for a corporate employer, particularly where employer-demands conflict with the general professional responsibilities which apply to all UK  lawyers.  Published  18 November, 2024 under the heading, ‘Dedicated Guidance Issued to Support In-House Solicitors’, it provides advice on how to identify and deal with potential conflicts of interest as well as client confidentiality.  It also provides advice to corporate employers on how to manage in-house solicitors in a way which does not compromise their professional responsibilities.  But there is a limit as to how much information you can put in a couple of dozen pages.

The opening chapters of Local Authority Conveyancing Law and Practice UK. also deals with the same subject matter, but in much greater detail.  It addresses the circumstances when a practising certificate is required as well as issues relating to anti-money laundering; professional training; avoiding conflicts of interest and client confidentiality.  But whilst the SRA guidance is written for all in-house solicitors, Local Authority Conveyancing Law and Practice focuses on that a tiny proportion of solicitors forming part of an in-house conveyancing team.

It also deals with the challenges facing local authority conveyancing teams, which now exist in a competitive environment where nothing can be taken for granted.  It explains what a corporate client really wants from an in-house team, which is not about being cheap and cheerful.  The book will also encourage you to look seriously at any opportunities for getting into management.  Because management experience does not only look good on a CV.  It is also a valuable life skill.  But no local authority conveyancing book would be complete without a raft of reference material as well as practical tips on how to manage a conveyancing transaction when you don’t have access to a client account.

crime, culture, Law, Uncategorized

1920’s Prohibition Revisited

bruceandholly
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Haven’t we learned anything from 1920s prohibition? When stupid politicians voted to ban alcohol consumption across the United States, and in so doing, created the model for organised crime, which still exists today, and lives on In the drug cartels of South America. So shouldn’t we be de-criminalising instead of criminalising otherwise lawful social activity? But here we go again, with Starmer’s plan to ban tobacco smoking in pub gardens and parks, where it does not affect anyone except the smoker.

Sunak started all of this nonsense with his talk about raising the smoking age every year, so that generations going forward will never be able to legally smoke. He did it to take away attention from the housing and cost of living crisis which his government had created.So are we going to see police officers frisking down young people, just in case they are hiding cigarettes? That’s going to be great for community relations! Now Starmer has picked up the reins.

Don’t get me wrong. I’m not a smoker. But I don’t like to see anyone being put out of work just because someone wants to make a political point. Nor do I wish to see the creation of a new criminal underground. Haven’t we got enough criminals already? Or police chasing round after kids and pub- smokers, when they should be catching burglars and shoplifters. If Starmer wants to ban something, he should ban online gambling.That causes much more psychological damage and addiction. As well as family breakups.But no one seems bothered about that. In fact, I’d guess that if you’ve got the wit and the know-how, anyone could start up a gambling platform from their own back bedroom.You wouldn’t need to employ anyone. And you wouldn’t need to rent any premises.You just pay for the software and the marketing.Then sit back and watch the cash roll in. It almost seems too easy.