cs.AIOct 19, 2026

LLMs Prompted for Legal Context Refuse More: Overrefusal from Small On-Premises LLMs in Criminal Legal Context

Authors: Anastasiia Kucherenko, Francois Brouchoud, Dimitri Percia David, Andrei Kucharavy

Organizations: IEM, HEG, HES-SO Valais-Wallis Sierre, Switzerland

Abstract

Confidentiality requirements increasingly push legal professionals toward small, on-device LLMs that keep case data in-house, used for everyday tasks such as summarization, translation, and reformulation. Following standard prompting guidance, a user naturally states their role (``I am a lawyer...''). We show that this innocuous habit has an unexpected cost: such authority framing can make the model selectively refuse legitimate requests, introducing bias through uneven access to assistance. We evaluate four modern small open-weight LLMs on benign legal-domain prompts to measure this over-refusal. Surprisingly, we find that authority-style prefixes (''I am legal counsel working for a national supreme court'', ''I'm a defense lawyer'') systematically increase refusal rates by 2--20x over the no-prefix baseline, while a known role-play jailbreak prefix shows mixed effects, sharply increasing refusals in some models and barely shifting them in others. The finding suggests that small on-prem deployable LLMs are unstable under contextual framings that a real institutional user might naturally introduce, and further investigation is essential to minimize opportunities for bias.

Figures & tables

Appendix figures & tables2 assets

Supplementary material from the paper’s appendix.

Appendix

Explore similar work

Jun 23, 2026

LLMs Prompted for Legal Context Object More: Overrefusal from Small On-Premises LLMs in Criminal Legal Context

While the validity of LLMs' use in the legal context remains subject to ethical and legal debate, legal professionals are already experimenting with personal LLMs, if only for translation and reformulation. However, even such a seemingly innocuous use can introduce biases through case processing speed if LLM assistants selectively refuse assistance on certain topics. To better anticipate such biases, we investigate several modern small LLMs that are most likely to be used as on-device assistants, to assess the impact of overrefusal on legal prompts. Surprisingly, we find that authority-style prefixes (you are acting as an assistant of the national supreme court'', [...] defense lawyer'') systematically increase refusal rates by 2--20x over the no-prefix baseline, while a known role-play jailbreak prefix shows mixed effects, sharply increasing refusals in some models and barely shifting them in others. The finding suggests that small on-prem deployable LLMs are unstable under contextual framings that a real institutional user might naturally introduce, and further investigation is essential to minimize opportunities for bias.
Jun 22, 2026

Measuring & Mitigating Over-Alignment for LLMs in Multilingual Criminal Law Courts

While the wider applicability of LLMs in the legal field is currently debated due to their reliability and the gravity of any errors, narrow uses with well-understood and mitigated risks have emerged. Notably the Swiss Federal Supreme Court uses small on-premises models for tentative translations and short-passage summarization across the four official languages. However, such usage is challenging in the context of Criminal Law. Since rulings and cases employees work on routinely can contain detailed descriptions of violent and sexual offenses, their legitimate work is compromised by refusals and disclaimers due to the activation of model guardrails (over-alignment). To measure this phenomenon, we introduce TF-RefusalBench, a multilingual benchmark for criminal-law translation and summarization derived from public Swiss Supreme Court rulings. TF-RefusalBench contains 5,200 total prompts across French, German, Italian, and English, corresponding to common task prompts and passages likely to trigger refusal. We then use TF-RefusalBench to show that over-alignment is a multifaceted phenomenon, influenced by the model and the prompt and text languages being processed, and that its impact cannot be evaluated solely from an over-refusal perspective, given the disclaimer's impact on task faithfulness. Finally, we evaluate approaches to enable on-premises LLMs for Criminal Law Tasks, demonstrating that while prompting can be effective, abliteration (refusal directions ablation) eliminates refusal with minimal impact on task performance.
Oct 21, 2026

Commit or Abstain? System One Decision Models, LLMs, and Missing Legal Authority

Given the enormous number of claims to be checked, verifiable legal AI requires scalable, cost-effective models that answer the practical needs of law. System One decision models are built on large language models but, instead of generating text, return a calibrated probability for each option. This suits the verification of legal authority, where the question is closed: a given holding, or none of them. We test whether such models abstain when the correct authority is missing. We extend CaseHOLD with an abstention condition in which the correct holding is replaced in 1,670 of 5,314 items, and compare four decision models with six generative LLMs. When no option is correct, generative LLMs still pick one in 38-86% of items; the most cautious decision model does so in 30%. On standard CaseHOLD, a decision model matches the best generative LLM (88.1% vs. 88.2%) at 1/55 of the cost. Accepting that LLM's answer only when a decision model agrees halves its wrong citations, and distilling a decision model's probabilities into Qwen3-8B, without labels, yields a well-calibrated local model. Legal AI should be judged by its wrong citations, not by accuracy alone.