Law schools should develop guidelines on AI use to prevent plagiarism by students, researchers: Justice BR Gavai

Supreme Court judge Justice BR Gavai recently cautioned against overreliance on Artificial Intelligence (AI) in legal research, underscoring that AI tools should be viewed as supplements and not replacements for human legal reasoning. .The judge spoke about the pressing need for legal education to evolve alongside advancements in technology and urged law schools to develop clear guidelines on when and how AI-generated content should be attributed.He stressed the importance of developing AI citation policies to prevent AI-assisted plagiarism, ensuring that law students and researchers maintain academic integrity and transparency.Technology is reshaping the legal profession at an unprecedented pace, and law schools must evolve accordingly and teaching students about AI is not "optional" anymore, he opined.“Teaching students about plagiarism and the ethical use of AI in legal research is no longer optional. It is essential for maintaining the integrity of legal education and practice," he emphasized.Justice Gavai cited ongoing efforts by leading universities, such as Oxford and Cambridge, to establish AI citation frameworks.“By addressing these concerns proactively, legal education can evolve to integrate technology without compromising ethical standards," he said.The judge was speaking at the University of Nairobi on the theme, Evolution of Laws on Technology. .Justice Gavai also warned against a future where legal professionals rely solely on machine-generated analysis without verifying its legal validity.“AI tools should be viewed as supplements rather than replacements for human legal reasoning,” he added.He acknowledged that access to legal knowledge has never been easier but warned against the ethical dilemmas posed by AI in academic research.“What if ChatGPT generates a text based on some previously published article, without even citing it? Or, if multiple researchers use similar keywords, would ChatGPT yield identical results?” he pointed out. .Justice Gavai also noted that the legal profession itself is undergoing a transformation, with AI-driven tools increasingly being used for legal research, case analysis, and predictive analytics. However, he reiterated that while AI can assist in streamlining legal processes, it lacks the nuanced judgment, ethical considerations, and contextual understanding that human lawyers bring to the field..Justice Gavai further addressed the growing legal challenges posed by technology, noting that cyber laws, data protection regulations, and intellectual property (IP) laws are now essential components of legal education. “As technology permeates every aspect of life - communication, commerce, governance, and even criminal activities - legal systems worldwide have had to adapt to ensure that laws remain relevant and effective in the digital age," he remarked.He highlighted the emergence of global regulations like the General Data Protection Regulation (GDPR) in Europe, which have redefined privacy rights and corporate responsibilities in the handling of data.Law schools, he stressed, must equip future lawyers with expertise in privacy law, cybersecurity frameworks and cross-border data regulations to navigate the evolving landscape of digital governance..The interplay between cyber law, data protection and intellectual property rights was another focal point of the lecture. Justice Gavai explained how digital copyright enforcement, blockchain-based patents and domain name disputes have redefined traditional legal doctrines. He emphasized that future legal professionals must be well-versed in open-source licensing and digital trademarks, as disputes in the digital economy become more complex..With the legal landscape being redefined by cybersecurity, AI governance and digital rights, he called on future legal professionals to equip themselves not just with legal principles but with the tools to regulate and shape emerging technologies.