The catch is that many judges lack the time, energy, or willingness to not only read the documents in detail, but also roll up their sleeves and dig into the arguments and cited authorities. (Some lack the skills, but those are extreme cases.) So the plausible argument (improperly and unfortunately) carries the day.
LLM use in litigation drafting is thus akin to insurgent/guerilla warfare: it take little time, energy, or thinking to create, yet orders of magnitude more to analyze and refute. (It's a species of Brandolini's Law / The Bullshit Asymmetry Principle.) Thus justice suffers.
I imagine that this is analogous to the cognitive, technical, and "sub-optimal code" debt that LLM-produced code is generating and foisting upon future developers who will have to unravel it.
Correct, and this of course extends past just laws, into the whole scope of rules and regulations described in human languages. It will by its nature imply things that aren't explicitly stated nor can be derived with certainty, just because they're very plausible. And those implications can be wrong.
Now I've had decent success with having LLMs then review these LLM-generated texts to flag such occurences where things aren't directly supported by the source material. But human review is still necessary.
The cases I've been dealing with are also based on relatively small sets of regulations compared the scope of the law involved with many legal cases. So I imagine that in the domain you're working on, much more needs flagging.
Possible. It also suffers when majority simply can not afford proper representation