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Freedom251 › Blog › AI hallucinations

How to Keep an LLM From Inventing Legal Clauses—and Check Its Drafts

By Freedom251 Team · · 4 min read

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There is no prompt that can guarantee an LLM will stop inventing legal clauses. The safer approach is to limit what it may rely on, require traceable support for every proposed clause, and verify the exact text against authoritative sources before anyone uses it. Fluent legal language is not proof that a clause is real, current, or applicable to your jurisdiction.

Why an LLM can produce a convincing but false clause

Large language models generate plausible text, not verified legal answers. The TRI/NCSC AI Policy Consortium for Law & Courts puts it plainly: “LLM’s predictive nature generates text that sounds right rather than text that is right.” A clause may be fabricated, unsupported by the source cited, outdated, or drawn from a different jurisdiction.

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A citation does not settle the question. The cited authority may not exist, or it may exist without supporting the precise proposition in the draft. The Illinois Courts’ 2025 account of Mata v. Avianca describes a filing with six fictitious cases and a $5,000 fine. Those figures describe one reported case, not a measure of how often AI invents legal material or a prediction of consequences in other matters.

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Use a bounded workflow, not a magic prompt

The following workflow brings together recommendations from Singapore’s Ministry of Law and court guidance from several jurisdictions. It can help make errors easier to identify; it cannot guarantee that generated language is correct.

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1. Define the task and its boundaries

Tell the model what document you are working on, the jurisdiction, the relevant date or period, and the question it should address. Supply the authoritative source documents it is allowed to use. If the available materials do not establish an answer, say that the model should flag the gap rather than fill it with a guessed clause or citation.

2. Require a traceable draft

Ask for each proposed clause separately, alongside its source, the exact supporting passage, and any unresolved assumptions. Keep draft language distinct from quotations and citations so a reviewer can compare them. Treat a missing source or unsupported proposition as unresolved—not as permission to invent a replacement.

3. Verify against the original source

Open each cited authority or supplied document yourself. Confirm that it exists and that its actual text supports the exact proposition and wording in the draft. Then review the surrounding definitions, cross-references, dates, and context. A source can be genuine while still being misquoted, incomplete, out of date, or irrelevant to the clause.

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4. Check fit and completeness

Confirm that the material applies to the right jurisdiction and time period, and that the draft works with the rest of the document. A valid source citation alone does not establish that a clause is complete or suitable for the document’s purpose.

5. Put a qualified person in charge

Have a qualified reviewer take responsibility for the final document. For court-facing material, follow the rules and practice directions of the particular court; requirements for filings should not be assumed to govern every private contract.

Do not ask another AI to certify the first one

A second model can repeat the same unsupported claim or produce a different plausible answer. The Supreme Court of Victoria’s practice note, SC GEN 25, says: “One AI tool cannot be used to confirm the content generated by another AI tool.” The Illinois Courts’ account of Mata v. Avianca likewise recounts that asking the AI whether its invented cases were real did not reliably verify them. Use the original legal authority, not another model’s confidence, as the check.

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What court guidance says—and where it applies

Official guidance reinforces the need to check AI-assisted legal material, but court-specific rules have specific scope.

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  • Federal Court of Australia: Its 2026 Generative Artificial Intelligence Practice Note states, “The presentation of false or inaccurate information to the Court is unacceptable.” It directs users preparing AI-assisted court documents to confirm that cited authorities exist and support the propositions stated. This is guidance for that court’s context.
  • Supreme Court of Victoria: SC GEN 25, issued May 14, 2026, calls for checks of currency, completeness, accuracy, and jurisdictional applicability, and cautions about entering confidential or sensitive material into public tools.
  • Irish High Court: Its 2026 practice direction requires independent verification of authorities, citations, quotations, and references used in court documents. Its requirements apply in its own court and procedural context.
  • Singapore Ministry of Law: Its March 6, 2026 guide addresses legal research, drafting, and contract review. It recommends qualified human verification, authoritative sources, citations where possible, completeness checks, and prompts that specify jurisdiction, period, and source requirements.

The TRI/NCSC AI Policy Consortium for Law & Courts also advises checking citations, cases, statutes, rules, and claims, with the level of verification matched to the risk. A private contract and a court filing may have different procedural obligations, but neither should be treated as correct merely because an LLM produced polished language.

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Protect confidential material before using an AI tool

Before putting client, business, or other sensitive information into a tool, review its settings and the applicable contractual terms and safeguards. Public-tool privacy risks are specifically identified in the Supreme Court of Victoria’s guidance. If you cannot establish that the tool’s handling of the material is acceptable, do not submit it.

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