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From Innovation To Negligence: The Promise And Peril Of Generative Artificial Intelligence In Legal Practice




Drishti Rao, B.A. LL.B. (Hons.), NLSIU, Bangalore


ABSTRACT


Generative Artificial Intelligence (Generative AI) is transforming legal practice, with its increasing integration across legal research, drafting, case analysis, strategy formulation, and client interaction reshaping how legal services are delivered. However, existing regulatory frameworks governing this integration remain largely suggestive in nature, creating a significant regulatory vacuum. This gap has given rise to serious ethical and professional concerns including fabricated citations, hallucinated legal references, lack of transparency, and the transfer of systemic AI biases into legal proceedings collectively undermining the integrity of legal institutions and public faith in the administration of justice. While several jurisdictions, including India, have begun developing guidelines, a comprehensive and enforceable regulatory framework remains largely absent. Through a comparative examination of international responses — including judicial standing orders and professional body guidelines from the United States and United Kingdom, and judicial guidelines from New Zealand, alongside an analysis of the Indian regulatory landscape, comprising Supreme Court directives and Bar Council Rules, this article identifies the collective inadequacy of existing frameworks. It further proposes mitigation measures spanning role delimitation, prompt engineering, human oversight, and client confidentiality safeguards — operable at both the individual and institutional level. The article ultimately argues that the responsible integration of Generative AI into legal practice demands clear, binding, and profession- specific regulatory standards.


Keywords: Generative Artificial Intelligence, Legal Practice, Regulatory Vacuum, Regulatory Framework, Hallucinated Legal References, Mitigation Measures



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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