The Victorian Legal Services Board has imposed serious restrictions on the practising certificate of a legal practitioner identified under the pseudonym Mr Dayal. The decision stems from the Federal Circuit and Family Court case Dayal [2024] FedCFamC2F 1166.
Mr Dayal submitted a list and summary of authorities to the court that had been generated using AI. The citations and case summaries were false and/or inaccurate and misleading. The regulator responded by curtailing his right to practise. Mr Dayal is now:
- Prohibited from practising as a principal.
- Barred from handling trust money.
- Required to close his own practice.
- Restricted to working only as an employee solicitor.
- Obliged to undertake two years of supervised legal practice.
- Subject to quarterly compliance reporting by both him and his supervisor to the Board.
Lawyers should be aware that reliance on unchecked AI outputs in legal practice will not be treated as a forgivable lapse – it will be treated as a professional failing. Lawyers in WA should assume that similar sanctions are in store for those who fail to use AI with caution; fail to verify everything; or outsource their ethical duties.
AI is a tool, not a substitute for professional judgement. See the official statement from the Victorian Legal Services Board here.
