I do not use AI in my legal work.

Some of my clients use AI.

I saw an AI output this morning, purporting to give information about data protection law (whether an IP address is personal data).

It included two cases, which do not exist. It did not include any case law which does exist. It gave no warning that the output was fiction.

Even if they can get over the ethical concerns (which, currently, I cannot), it would be cheaper, probably more fun, and no less inaccurate to ask a passing toddler.

Ethical concerns butter no parsnips, it seems.

And getting the message across that the output of AI is unreliable, and not "better than nothing", is difficult.

So I asked for another small experiment, with another, ostensibly simple, non-legal, query.

The problem was incredibly obvious. This wasn't legal nuance, or a mistyped citation. Just utter nonsense.

"Fancy relying on this for anything now", I wondered...

@neil Gemma 3:4b can't do a donkey either, this was try 4
@M0YNG @neil I'm no AI fan but remember it was humans who drew Peppa Pig.
@neil the idea that false information is worse than no information doesn't seem to click for many.

@elexia Yes!

I think I saw something, years ago, in the context of flying, and how it was better for a pilot's instruments to fail off, than fail wrong.

@neil
You might like this article on legal pragmatism in the Peirce tradition:
https://psodmusings.wordpress.com/2024/04/27/introducing-legal-pragmatism/
Peirce introduced abductive reasoning (as opposed to inductive or deductive) informally with his essay "The Law of Mind" from his collection "The Philosophy of Mathematics", but it's taken a long time for formalism to develop. Roger Penrose is also a proponent. It was favoured by expert systems (neurosymbolic AI) but it is not at all handled well by the LLM-based approaches to "AI".
@elexia
Introducing “Legal Pragmatism”

My realistic perspective is informed by the classical pragmatism of William James, John Dewey, Charles Saunders Peirce, and George Herbert Mead. It builds on the notion that truths are established …

Patrick's Musings & Miscellany
@neil @elexia that's why you have three of things, so you can figure out which one is wrong. But that only works if you don't have two hallucinating the same thing

@kabel42 @elexia

Oh, there were no "hallucinations" here, just bad auto-complete!

@neil @elexia in every other system you would probably call it malfunction. But that would be a weird name for something so common :)

@kabel42 @elexia

It is fun, isn't it, as a "mal function" - a "bad function" - could indeed be commonplace!

I guess I just feel that the language of "hallucination" plays into the anthropomorphism of this kind of tool.

@neil @kabel42 @elexia the job of.the LLM thing is to produce plausible sounding text. And that's what it is doing. Fine legal lingo. It would take a different thing to train a legal LLM ONLY on relevant training material AND to do the output criteria correctly cited.
@Reinald @neil @elexia how would you get the negative examples? Having examples of everything that is not valid legal text seems, erm, challenging (?)
@kabel42 @neil @elexia no, not at all. All internet, all (non legal) books is no legal text.
@Reinald @neil @elexia you still only have (mostly) valid text, but that's a tiny subset of valid letter/token/... combinations
@kabel42 @neil @elexia you don't need to deliver ALL examples in training. Never. That is not, how GenAI works. It is extrapolating on the matching results.
@Reinald @neil @elexia no, you don't need all data. You want a carefully selected subset that represents the problemspace evenly or you get overfitting in the parts with lots of data and wild errors in the parts where you are extrapolating far away from the data
@neil @kabel42 @elexia Someone proposed "fabrication"
@rhelune @neil @elexia fabrication sounds like some intelligence made a thing, hallucination sounds like the result of a heatstroke, but could just be me :)
@kabel42 @neil @elexia I associate fabrication with production in a factory (not necessarily by humans), but English is not my first language. I do know that it English it only means making stuff up, not making stuff.
@rhelune @neil @elexia
I thought it's both make thing and make thing up, but also no native speaker :)

@neil
The best or most descriptive name I have seen for it is Grand Theft AutoComplete.

@kabel42 @elexia

#GrandTheftAutoComplete

@elexia @neil I can see the social media retorts now: "do not burden me with your burden tennis"

@neil My philosophy has been IF we ignore the ethical concerns then what is the up side of using AI?

Currently AI is a crap shoot on how right it is and even IF AI was accurate 100% of the time the act of using it is making it less likely for people to learn for themselves making it a net negative. I feel like I have noticed similar with people of all ages not being able to navigate without GPS anymore.

So currently there is little to no good reason to use GenAI.

@neil

The obvious improvement is for the LLM to insist that it is right and that #1 attempt is a good representation of a donkey.

At the very least computer display manufacturers and anger management course providers will be better off.

@neil I've been banging my head trying to explain this exact thing. Here's my best attempt so far: https://citizensandtech.org/2026/05/reliable-genai-and-perpetual-motion/
@neil incredibly sad. There's a whole youtube channel of a guy showing the failures of a.i. it's somewhat entertaining if you don't consider the fact that people are killed in 2 wars by decisions made by a.i.

@Shadedlady @neil

Yeah. I saw this just this morning, and thought: this is how we're being conditioned to accept AI killer robots.

BBC News - Ukraine using AI drones to strike vital convoys supplying Russian troops
https://www.bbc.co.uk/news/articles/cdjp0n7rn41o

Ukraine using AI drones to strike vital Russian supply lines

BBC Verify has analysed videos of attacks in occupied Ukraine on Russian trucks carrying ammunition, fuel and food.

BBC News

@neil The other thing about the "better than nothing" argument that some people make is the alternative isn't nothing. We already have established methods and resources for all these things!

(Including ascii donkeys - this took me literally 2 seconds to find: https://ascii.co.uk/art/donkey )

DONKEY - ASCII ART

Website containing DONKEY - ASCII ART and much more. Enjoy our collection of ASCII ART, ASCII Tables and other interactive tools. The place for all things textual.

@neil

But people throughout the developed world, including me, are now being told to use AI or lose our jobs. At my age, no one's going to give me another software development job, I have no other marketable skills, and I can't afford to retire. So I have to choose between using AI, with all its practical and ethical problems, and failing to provide for Mrs Wife in our old age.

Yeah, there are occasions when AI code-completion saves significant amounts of typing, and you do get a buzz from that. But they're outnumbered by the times when it goes off in the wrong direction, or produces buggy code, code that won't compile, or duplicated code that ought to be factored out. I'm not yet convinced that it makes me any more productive, and I'm certain that AI fanboys don't take into account the long-term costs of buggier and less maintainable code.

I've started to wonder whether there's such a thing as AI offsetting, in much the way that some people who still fly offset their carbon emissions. Is there a way I can keep my job but do something to counterbalance the evils of AI?

@CppGuy

> But people throughout the developed world, including me, are now being told to use AI or lose our jobs.

Yes. That was at the heart of one of my toots earlier in the week: will there come a tipping point where people feel they have no realistic choice, because of their employers. That may have already happened for some / many.

But there is a distinction between those forced to adopt AI because of their reliance on their employer, and those uncritically promoting it.

(And, yes, someone will make a "following orders is no defence" argument.)

@neil

Agreed, it's an important distinction. The motives for promoting or opposing AI are important, too.

I can't believe the naïveté of my colleagues, who built AI to automate everyone else out of a job and thought it would never come for them. And I can't believe the gall of senior managers who use AI to replace everyone else's job but never, ever their own.

@CppGuy @neil I like the idea of AI offsetting opportunities for those who can't avoid using it. I was just reading a post about botnets slopping Mastodon - maybe you could support an instance that needs help reviewing accounts, or contribute to software to improve the Mastodon account review process in the presence of LLM bots?
@neil What concerns me is the potential for a grave miscarriage of Justice occurring when AI is used (or its attempted use) in a legal case.
@aadeacon @neil It's already been used in several. The lawyers involved were caught because the cases they cited obviously weren't real.

@Rhube @aadeacon

One would have thought that once would be sufficient.

@aadeacon @neil
I forget where i read it but there's already been a case where someone used a chat bot as a lawyer and their logs were subpoenaed
@neil I cannot get my head around how people are STILL using this for legal things. Morality aside, the hallucinations (and the legal trouble they can get you into) have been well documented!
@neil So - any AI generated text we can perceive as Sci(or anu other)-Fi(ction) novel/story and so on.
@neil indeed saw this one this morning
https://mastodon.green/@davidallengreen/116651806344880118
I wonder if there's actually going to be any severe penalties applied rather than the current stern tut and shaking of head.
dag (@[email protected])

Artificial Intelligence and legal work - a crucial case to read There was a routine court application which would usually go through on nod, but the judge suspected something was not right and asked questions, and this then came out. If you must use AI, be careful. https://www.bailii.org/ew/cases/EWHC/Ch/2026/1199.html

Mastodon.green
@neil In a world where people are happy to put said passing toddler in charge of the nuclear button, so long as they are painted orange... :)
@neil I would ask my six year old any legal questions you have for half the price of a chatgpt subscription.
@Scmbradley @neil I would love some legal advice from your six year old on something. Last weekend I participated in a tea party with my niece and a few of her dolls. Out of nowhere she threw a cup of boiling hot imaginary tea all over me, giving my imaginary burns. I had to have a doctor (who looked suspiciously like my niece) put a bandage on my head. Do I have grounds to sue?

@manchestermelly @Scmbradley

There are some genuinely fascinating parallels there with interactions in online worlds, and the extent to which offences against a person can apply in an online environment.

This book is now a little dated, but it is well worth reading:

https://archive.org/details/virtualjusticene00

Virtual justice : the new laws of online worlds : Lastowka, F. Gregory : Free Download, Borrow, and Streaming : Internet Archive

Includes bibliographical references and index

Internet Archive
@manchestermelly @neil I'll check with the boss, but my view is that you do have grounds, but the presiding judge would look a lot like your niece.
@neil The company I work for trialled several AIs (glorified predictive text generators) for software development. They hallucinated, would often break one thing to fix another, made things up when they didn't know the answer, and used old, outdated concepts. We've now banned AI on all client projects.
@manchestermelly @neil that sounds no different from throwing junior devs at the problem without adult supervision or enough test coverage.

@manchestermelly @neil let me preface this with "not an LLM fan":

A colleague recently claimed that there's a huge difference in how well they work now vs. 6 months ago.

Therefore out of curiosity (and definitely not claiming that you're wrong!); how recent was your experience?

I'm just writing the first draft of our organisation's "Policy for AI use in the software development lifecycle" document. Should be a healthy mix of realism and enthusiasm curbing.

@neil

My wife calls AI "Drunk Uncle as a Service"