When opposing counsel challenged the citations and the court requested the opinion text, lawyer B first requested a time extension, falsely claiming he was on vacation, to conceal his colleague’s involvement. They again turned to ChatGPT, duly submitting the output to the court without review. But once more, the AI output was entirely fabricated, falsely attributing nonsensical opinions to real judges and embellished with further false citations and docket numbers held by actual cases irrelevant to the matter at hand.

GoogleAI

Technological advances are commonplace and there is nothing inherently improper about using a reliable artificial intelligence tool for assistance. But existing rules impose a gatekeeping role on attorneys to ensure the accuracy of their filings. [Respondents] abandoned their responsibilities when they submitted non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT, then continued to stand by the fake opinions after judicial orders called their existence into question.[3]

Two lawyers, representing a client against an airline, used ChatGPT – a large language model AI – to identify relevant caselaw. One prompted the tool to draft a court submission, which they submitted verbatim on behalf of their client. However, unbeknownst to them, the AI-generated legal analysis was faulty and contained fictional citations.

Outcome: The lawyers faced sanctions for their actions. The court determined that they acted in bad faith and made false and misleading statements, as they concealed both the use of the tool and the involvement of one of the lawyers when initially confronted. The judge emphasised the importance of proper vetting and professional conduct when using AI tools in legal submissions, noting that using a reliable AI tool in legal analysis was not in itself improper.

Getting to Know New Technologies: When adopting new AI technologies, each tool will perform differently, and its predictive power may vary when applied in new contexts. Taking the time to understand the strengths, weaknesses, and the scope of application of each tool will help increase the value of its outputs in any particular case.

Applying AI Outputs Critically: AI outputs are potentially an aid to conducting legal analysis, not a substitute. On each occasion, it is important to verify, review, interpret, and contextualise AI outputs to confirm accuracy and adapt them to the needs of each client. While AI can expedite processes, barristers ultimately hold core duties to act in the best interests of the court and clients.

As barristers experiment with these tools, it is crucial to find ways to capture the significant benefits they offer while acknowledging and protecting against the potential pitfalls that come hand in hand. Recent headlines indicate how this process might play out in practice. A recent New York court case drew international attention when two lawyers used ChatGPT to draft court submissions without fully understanding how it operates, to injurious results for themselves and their client[1]. A few months later, though, a Court of Appeal judge here in the UK openly used the same tool in drafting a judgment, calling it “jolly useful”[2]. The differences between the two cases illustrate the intersection of AI and professional responsibility in legal practice.  What lessons can these cases offer barristers of England & Wales on how to navigate this changing terrain safely and effectively for clients?

One of the most popular darkfield condenser designs, heavily utilized for high magnification compound microscopy prior to the emergence of phase contrast, is the paraboloid condenser, which has a curved and mirrored cardioidal internal surface. Illuminating light passes through the condenser and reflects from a single surface that is made from a paraboloid truncated by a light stop oriented perpendicular to the condenser and microscope optical axis. This system is free from spherical, chromatic, and coma aberrations and produces a sharply focused cone of illumination for the specimen from all azimuths. Although the stereomicroscope toroidal mirror design illustrated in Figures 2 and 3 does not operate with the sophistication and precision of the paraboloid condenser, it is far more effective for illuminating specimens in darkfield than conventional reflection mirrors that have a cylindrical geometry. The diagrams in Figure 3 compare the toroidal mirror design with a more conventional cylindrical mirror found in a majority of stereomicroscopes. In addition to providing more even illumination from all azimuths, the toroidal condenser design substantially reduces the amount of stray light entering the objective front lens, which leads to a significant enhancement of contrast between the specimen and background.

For example, a large international law firm recently shared how it implemented a bespoke tool built on the GPT chatbot, facilitated by a dedicated innovation team over a months-long trial period before extending to the full staff[4]. Depending on the tool and its anticipated uses, such an intensive implementation may not be necessary, but close attention to the nuances of the technology and how it will be used in practice will mitigate risks and help ensure its outputs are as useful as possible.

[2] https://www.theguardian.com/technology/2023/sep/15/court-of-appeal-judge-praises-jolly-useful-chatgpt-after-asking-it-for-legal-summary

GeminiAI

Darkfield microscopy is a simple and popular method for rendering unstained and transparent specimens clearly visible. Good candidates for darkfield observation often have refractive indices very close in value to that of their surroundings and are difficult to image with conventional brightfield techniques. As an example, small aquatic organisms, oocytes, and cells in tissue culture have a refractive index ranging from 1.2 to 1.4, resulting in a negligible optical difference from the surrounding aqueous medium (refractive index of 1.3). These and similar specimens are ideal candidates for observation with darkfield illumination techniques.

During the first half of the twentieth century, darkfield microscopy (both compound and stereo) had a very strong following and a great deal of effort was expended in optimizing darkfield condenser systems and illuminators. This intense interest slowly began to fade with the emergence of more advanced contrast-enhancing techniques such as phase contrast, differential interference contrast, and Hoffman modulation contrast. Recently, new stereomicroscope illumination techniques, such as Nikon's oblique coherent contrast, which dramatically increase the contrast of transparent specimens, are being introduced and will ultimately probably displace a significant amount of interest in darkfield stereomicroscopy. However, a renewed interest in transmitted darkfield microscopy has arisen due to its advantage when used in combination with fluorescence microscopy.

Usage: Lord Justice Birss used ChatGPT to provide a summary of an area of law in which he was expert, aspects of the task he would have done manually anyway. He emphasised that the AI tool helped him to quickly summarise information and that he reviewed its output and took full responsibility for the content in his judgment.

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The configuration presented in Figure 1 illustrates a Nikon SMZ1500 stereomicroscope equipped with an advanced stand containing provisions for both brightfield and darkfield illumination through a clear glass stage mounted on the top of the stand. Also depicted is a digital Internet camera system (Nikon Dn100) capable of transferring images collected by the microscope to remote observers. Details of the darkfield illumination mechanism are discussed below. Many current Nikon stereomicroscopes are also compatible with Darkfield illumination.

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In the proceedings that followed, the lawyers obfuscated and downplayed the role ChatGPT played in developing the documents – first claiming it complemented their other research before acknowledging it was their only attempt at research and that they had not attempted to confirm the outputs before submitting them directly.  Lawyer B’s submissions also obfuscated—in bad faith, the court found—the role lawyer A played in the case and the outcome that he ultimately did not fulfil his responsibilities as an attorney to ensure the accuracy of his filings.

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Beyond these two cases, AI presents real opportunities to improve access to justice and support barristers in day-to-day legal practice. To realise these benefits requires barristers to think critically about how to leverage these tools safely and effectively. As the technological landscape evolves, innovation and professional ethics go hand in hand. The following considerations are a useful starting point for integrating technology and AI into professional practice:

The New York case attracted international media attention focusing on how the lawyers misused ChatGPT. It is tempting to attribute these shortcomings solely to the AI system, but that would be an oversimplification. As the federal judge noted in ordering sanctions:

Gemini, Google

Specimens imaged under the proper conditions of darkfield illumination are quite spectacular in appearance (try, for instance, a drop of fresh blood). Often specimens containing very low inherent contrast in brightfield microscopy are readily observable in darkfield, and this type of illumination is ideal for revealing outlines, edges, boundaries, and refractive index gradients. Unfortunately, darkfield illumination is less useful for revealing internal details. Other types of specimens, including many that have been stained with dyes, also respond well to illumination under darkfield conditions. These include plant and tree thin sections (stained and unstained), diatoms, radiolarians, fossils, bone sections, embryos, and hair (both human and animal).

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The stereomicroscope illustrated in Figure 1 produces an oblique cone of illumination using a specially-designed seven-sided toroidal mirror (Figure 2) that substantially reduces the stray light entering the large common main objective front lens. The toroidal mirror operates in a manner similar to high numerical aperture reflecting darkfield condensers that are equipped with internal mirror surfaces having a variety of curvature geometries.

Impact: This case showcases the potential for generative AI tools to assist legal professionals in summarising legal information when used effectively. It demonstrates good practice in the use of AI in the legal profession, as an aid in legal research and drafting, rather than a replacement for professional expertise.

If the rear of the objective in a stereomicroscope operating in darkfield illumination is viewed using a Bertrand lens or eyepiece telescope, it will appear filled with light. The faint diffracted light is reconstituted into a visible image at the plane of the eyepiece diaphragm with its contrast reversed to produce a bright image on a dark background. Because darkfield microscopy eliminates the bright, undiffracted zeroth order light, this form of illumination is very wasteful of light and thus demands a high intensity illumination source. Stereomicroscope illumination stands that are equipped for darkfield illumination take this factor into account, and high-intensity tungsten halogen bulbs are provided to produce sufficient light flux for the purpose.

Artificial intelligence (AI) and other advanced digital technologies are rapidly changing legal practice. Many solicitors’ firms now feature in-house innovation teams to identify and implement digital transformation opportunities; barristers regularly engage with clients and the courts through virtual consultations, hearings, and electronic bundles; and the Legal Services Board recently issued draft guidance for frontline regulators including the BSB to promote technology and innovation where it may improve access to legal services.

Explore how mirror shape affects the amount of light entering the objective in darkfield stereoscopic microscopy. This tutorial demonstrates lightpath differences between conventional and toroidal mirrors.

Illumination of specimens by darkfield requires blocking out of the central light rays along the optical axis of the microscope, which ordinarily pass through and around (surrounding) the specimen. Blocking these light rays allows only those oblique rays originating at large angles to strike the specimen positioned on the microscope stage. In a compound microscope equipped with a simple condenser system, the condenser (Abbe-style) top lens is spherically concave, enabling light rays emerging from the surface in all azimuths to form an inverted hollow cone of illumination having an apex centered in the specimen plane. If no specimen is present on the stage, and the numerical aperture of the condenser is greater than that of the objective, the oblique rays cross and miss entering the objective front lens because of their obliquity. The field of view will appear dark.

A number of aftermarket products are currently available for retrofitting stereomicroscopes with transmitted darkfield illumination. In addition, many of the microscope manufacturers offer illumination accessories that can be conveniently utilized to achieve darkfield conditions for their stereo systems. Typical aftermarket darkfield illuminators are presented in Figures 5 and 6. The design illustrated in Figure 5 utilizes a fiber optic ring light to provide illumination for a specially crafted stage that contains an internal mirror system and an opaque light stop. Light from the ring light illuminator is reflected from the internal cylindrical mirror with the central (zeroth order) rays being blocked by the light stop to form an inverted cone of illumination. Specimens are placed directly onto a glass plate resting above the stage aperture and can then be visualized with darkfield illumination. The ring light is equipped with an external light source that contains a voltage supply and a high-intensity tungsten-halogen lamp. Another darkfield condenser design, which also contains provisions for brightfield illumination, is presented in Figure 6. This condenser system utilizes a slider to rotate between brightfield and darkfield illumination and also contains a light source coupled to the condenser by a fiber optic bundle.

Usage: Two lawyers used ChatGPT to generate significant portions of their legal submissions, including faulty legal analysis and fabricated citations and opinions. They submitted inaccurate information to the court, which was later identified by opposing counsel.

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The digital images in Figure 4 illustrate the effects of darkfield and brightfield illumination on fibers in whole mount specimens prepared using Canada balsam and a microscope slide and coverslip. Figure 4(a) and 4(b) compare nylon fibers under conditions of brightfield (Figure 4(a)) and darkfield (Figure 4(b)) illumination. The fibers imaged with brightfield are seriously lacking in contrast and minute details are difficult to distinguish against the white background. In contrast, when the fibers are illuminated with darkfield techniques (Nikon SMZ1500 with a toroidal mirror illuminator), internal fiber detail is discernable to a higher degree and depth of field emphasis becomes more pronounced. A situation where fibers have too much contrast in brightfield is presented in Figure 4(c) for pineapple fibers, which are not transparent and almost opaque when visualized under brightfield illumination. Viewing the same pineapple fiber specimen with darkfield illumination reveals far more intricate detail (Figure 4(d)) and exposes longitudinal splits in the fibers that are not apparent in the brightfield image.

Specimens that have smooth reflective surfaces produce darkfield images that are primarily due to reflection of light into the objective. In situations where the specimen refractive index is different from the surrounding medium or where refractive index gradients occur (as in the edge of a membrane), light is refracted by the specimen. Both instances of reflection and refraction produce relatively small angular changes in the direction of light, enabling some rays to enter the objective. In contrast, some light striking the specimen is also diffracted, producing a 180-degree arc of light that passes through the entire numerical aperture range of the objective. The resolving power of the objective is the same in darkfield illumination as that achieved under brightfield conditions, but the optical character of the image (as discussed above) is not as accurately reproduced.

Impact: This case highlights the potential risks associated with using AI tools in legal practice without a proper understanding of how the technology operates. It underscores the importance of lawyers' professional conduct, independent of the technology context.

Each SMZ stereo microscope from Nikon features industry-leading optics, large zoom ranges, and wide fields of view for bridging macro- to micro-imaging.

Ideal candidates for darkfield illumination in stereomicroscopy include minute living aquatic organisms, diatoms, small insects, bone, fibers, hair, unstained bacteria, yeast, and protozoa. Non-biological specimens include minerals, chemical crystals, colloidal particles, inclusions and porosity in glass, ceramics, polymer thin sections, and refractive index gradients. Care should be taken in preparing specimens for darkfield microscopy because features that lie above and below the plane of focus, especially fingerprints, dust, fibers, and cleaning residue, can also scatter light and contribute to image degradation. Specimen thickness and microscope slide thickness are also very important and, in general, a thin specimen is desirable to eliminate the possibility of diffraction artifacts that can interfere with image formation.

In a speech at a Law Society conference, Lord Justice Birss highlighted factors that made the use of such a tool potentially useful. He prompted ChatGPT to provide a summary of the relevant law, a narrow, well-defined aspect of the draft judgment within the scope of the tool’s capabilities. As he noted, this task was well within his own area of expertise, such that he could evaluate the text it generated and identify potential issues. Indeed, he reviewed the AI output as he incorporated it into his draft judgment, which he “could recognise as being acceptable”. Most importantly, he was clear he retained “full personal responsibility” for the draft.

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Contrast this example with the experience of Lord Justice Birss, who recently used ChatGPT to help draft parts of a recent judgment and publicly stated generative AI tools like it had “real potential” in legal services.

Compounding the AI error was a deeper governance problem: the lawyer (lawyer A) handling the case—and experimenting with ChatGPT—was not authorised to practise in the federal courts, so his colleague (lawyer B) carried out court proceedings on his behalf. Despite  lawyer B’s  ultimate responsibility for its contents, he only reviewed the document for style and flow, rather than its legal analysis, and did not inquire about the extent of lawyer A’s  research.

At the BSB we are developing our understanding of technology & innovation to help realise the potential of AI and other digital technologies at the Bar through prudent and responsible implementation.  In line with our 2022-25 Strategic Plan, and forthcoming guidance from the Legal Services Board, we are developing resources to support responsible use of technology at the Bar that furthers access to justice. We have recently begun a research project to better understand how technology is used at the Bar and the opportunities and risks it presents. And we are engaging with our peer legal service regulators in the LawtechUK Regulatory Response Unit to identify and respond to regulatory uncertainty in emerging legal technologies as they arise so technology developers and legal service providers can put these tools to use safely and with confidence.

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We look forward to engaging with barristers throughout this process, and we are keen to hear your views at [email protected]. Please note while we greatly appreciate your engagement and will take all views into account, depending on the number of responses, we may not be able to respond to all messages individually.

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While the international headlines focused on how the lawyers misused ChatGPT, the sanctions were in fact primarily driven by the professional conduct missteps downstream of the AI error. AI, while a promising tool, is not a replacement for human responsibility and oversight. A lawyer is answerable for their research, arguments, and representations under their core duties to the Court and to their client. These duties continue to hold true when utilising AI. This case demonstrates that it is more important than ever to understand the capabilities and limitations of a new technology to ensure that its contributions are genuine aids, not sources of misinformation.

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When a transparent specimen is placed on the glass microscope stage and observed under darkfield illumination, the oblique light rays cross the specimen and are diffracted, reflected, and/or refracted by optical discontinuities (such as the cell membrane, nucleus, and internal organelles) allowing these faint rays to enter the objective. The specimen then appears bright on an otherwise black background. In terms of Fourier optics, darkfield illumination removes the zeroth order (unscattered light) from the diffraction pattern formed at the rear focal plane of the objective. This results in an image formed exclusively from higher order diffraction intensities scattered by the specimen, and is also responsible for the main limitation of darkfield observation. Because the image is composed entirely from scattered light from the specimen, it is rich in glare and can even be distorted to varying degrees, so it cannot be considered a faithful geometrical reproduction of the specimen.

We propose to automate the tool-navigation task by mimicking the perception action feedback loop of an expert surgeon.

In darkfield microscopy, contrast is greatly enhanced by the superposition of a brightly shining specimen on a dark background. Blocking of zeroth order light rays by an opaque stop enables only higher order light rays to bathe the specimen with illumination. Highly oblique light rays, diffracted by the specimen and yielding first, second, and higher diffracted orders at the rear focal plane of the objective, proceed onto the image plane where they interfere with one another to produce an image of the specimen.

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Darkfield microscopy is still an excellent tool for both biological and medical investigations. The technique can be effectively utilized to view a wide spectrum of biomedical and industrial specimens and can often reveal details that are not visible with other illumination methodology.

Training in Legaltech: Continuing education in legaltech and AI could help barristers set a plan for technology adoption, evaluate new technologies and incorporate them into legal practice. It may be helpful to reflect strategically, for example as part of a CPD plan, on what legal technology skills may be necessary to harness the benefits of these technologies while appropriately mitigating the risks.

Darkfield observation in stereomicroscopy requires a specialized stand containing a reflection mirror and light-shielding plate to direct an inverted hollow cone of illumination towards the specimen at oblique angles. The principal elements of darkfield illumination are the same for both stereomicroscopes and more conventional compound microscopes, which often are equipped with complex multi-lens condenser systems or condensers having specialized internal mirrors containing reflecting surfaces oriented at specific geometries.