Risk
Where courts have landed on AI in 2026
2026-10-22
Short answer
Courts in 2026 have settled into a clear pattern: fabricated citations are treated as a serious failing, sanctions have escalated well beyond the early five-figure cases, and several courts now require disclosure of AI use or a certification that authorities were checked. The direction of travel is consistent — verify, disclose, and sign. A firm that can show a verification routine and a register is in a far stronger position than one that cannot.
The pattern
- Fabricated authorities: serious, and sanctioned.
- Escalating penalties, including suspensions.
- Growing use of standing orders on AI and disclosure.
What it means for practice
The safe position is also the professional one: check every authority, disclose honestly, and keep a record. None of it requires new technology — it requires a routine.