How AI Is Changing the Legal System
We are living in a brave new world. We see it every day in commercials, social media, films, higher education and now in the legal world. The world I’m speaking of is the world of AI. At the risk of sounding like our parents when they invented the Commodore 64, technology is again changing the world.
With the rise of AI tools like Chat GPT, Claude and Perplexity, it may appear to be easier than ever to represent yourself in a lawsuit or other legal matter. While it’s true that these tools help lower the barriers for people representing themselves (pro se) to navigate difficult legal situations, it is important to acknowledge the huge risks AI presents in the practice of law.
AI Hallucinations Can Lead to Serious Legal Consequences
The most common problem with AI lawyering is the creation of false case law, statutes and legal documents through the process of AI “hallucinations.” These AI mistakes can lead to cases being dismissed, sanctions against litigants and Courts losing patience with unrepresented parties.
A Real Court Example of AI Gone Wrong
One example of an AI misstep was a case that went before the Arizona Court of Appeals on an appeal of some will and estate issues where the pro se litigant was contesting the decision of the trial court. In that case, the Court wrote:
In his written explanation in response to our order to show cause (for writing a brief with false AI hallucinated cites), Kotchka stated he relied on Gen-AI in writing his brief and blames it for the inaccuracies and falsities of his citations. At the show-cause hearing, Kotchka testified that he had not reviewed this court’s publicly-available materials to assist self-represented litigants found on its website. His testimony made clear he did not use legal research tools or materials provided by public law libraries to verify the citations in his brief. He did not seek professional legal help to assist in verifying his citations. Indeed, he admitted he did nothing to independently verify the citations. We appreciate his candor, but all litigants, whether appearing through lawyers or in their own person, must ensure their filings comply with all applicable rules and law... Reliance on Gen-AI does not excuse or ease this requirement. Thus, Kotchka has not made a “bonafide and reasonably intelligent effort” to comply with [the law’s] requirements. This failure to comply with [the law] may be treated as a waiver of all issues and the superior court’s order may be affirmed on this ground. We do so here and affirm the court’s order.
In this case, the pro se appellant lost his entire appeal without it even being considered on the merits purely by using and relying on AI as a substitute for legal advice. Don’t make that mistake. You wouldn’t use AI to fix your lawnmower; don’t use it to handle what may be the most important and difficult issues you and your family will ever face.
Why AI-Generated Legal Documents Raise Red Flags
Another problem with AI is that it’s easy to spot. While a brief created with AI won’t have seven fingers like those AI photos we all see, it will likely include AI clues. AI is forced to create a legal form that is applicable to the most jurisdictions possible. Because of this, the documents it creates often contain inaccuracies, odd phrasing and legal terminology that simply sticks out like a sore thumb to opposing attorneys and experienced Judges. For good or ill, Judges and attorneys are naturally skeptical, if not downright antagonistic, to AI generated pleadings and motions as they almost always contain errors of law or pleading rules, or they may simply violate the local rules and mores of the Court. These things can, at best, put you behind the eight ball with the Court and, at worst, subject you to sanctions in the form of fines or even dismissal of your claim.
Protect Yourself by Working with an Experienced Attorney
The takeaway from all of this is simple. When it comes to your life, your family, your finances and the legal system, cheap is expensive. When your future and the people and things that matter to you are on the line, the smart choice is to have an experienced legal team on your side.
Morrow Vermitsky Costello is here to help you navigate complex legal situations with confidence, strategy and protection.