The use of artificial intelligence in legal research: A brief review of South African case law and proposals for regulation

Abstract

Artificial intelligence (AI) is infiltrating nearly every aspect of human life. From a legal perspective, technology has been an essential tool to assist legal practitioners in performing legal research. Advancements in AI, and in particular the use of AI models such as ChatGPT to conduct legal research, have, however, created various challenges in the legal profession. The unchecked use of AI applications for research by legal practitioners in some foreign jurisdictions has been heavily sanctioned by the relevant judiciaries. In South Africa, courts have not yet taken such a strict approach but have raised great concern about the use of AI for legal research. Currently, South Africa has no rules that explicitly govern the use of AI in legal research and drafting, yet as the impact of AI increases and its use in the legal sector grows, clear rules and laws need to be formulated to regulate its proper use in legal research and drafting.