Artificial intelligence is here and it looks like it is here to stay. With the emergence of more and more AI tools, now is the time to seriously consider how we can actually use them to assist with legal processes associated with family matters. Here I will consider the risks involving in using AI and its limitations, plus where it could actually be helpful.
When planning to use AI, one of the first things you need to consider is where the information you plug into your preferred AI tool could end up. You may be putting in names, addresses, dates of birth or even documents containing other confidential information such as bank account details. Unless and until you can be entirely sure that the information is secure, it is best to exercise caution when dealing with such sensitive personal and financial data.
Once the AI tool has your prompt with your chosen information, it will produce the information you say you require. It is important to realise that the response is only ever as good as the prompt you give it. For example, AI may not ask the right follow up questions and seek to obtain other relevant information from you. Ultimately this may impact the advice you are receiving. Furthermore, the response may be inaccurate, outdated or fail to take into account any peculiarities of your situation. It will likely be generic advice rather than specifically tailored to your situation. You run the risk that AI is unable to see the red flags indicating hidden assets and oversimplifies complex assets. The information you glean could be a great starting point but question whether you do need to delve deeper.
Furthermore, complications can arise where the computer says “yes” but the law says “no.” For example, AI preparing documents which do not follow the latest precedents produced by the judiciary or proposing orders which the court in a particular scenario would have no power to make.
AI tools have been known to make mistakes (they’re only robots….), produce incoherent arguments and, more specifically, to make up case law citations. Last summer two cases made headlines when citations that were either definitely or suspected to have been generated by AI were presented to the court. The president of the King’s bench division of the high court, emphasised that AI ‘may make confident assertions that are simply untrue.’
And finally, there will be no personalised legal strategy or emotional nuance. These are both elements which will support you through the process and help you achieve the best outcome.
Does this mean we should avoid using AI at all? No. We can embrace it. So I have listed some prompts here of things you could ask AI. Many of these will help you to get ahead of the process and control costs. You will notice that they are all generic questions where you should expect a helpful albeit generic response:
- Are there any highly rated family solicitors in my area?
- What is the typical hourly rate for a family solicitor in my area?
- What happens at mediation?
- What documents should I take with me to a first meeting with a solicitor?
- How do I obtain a cash equivalent value for my pension?
- Help me prepare a chronology of major events in my relationship.
- Help me prepare a budget.
- How can I manage stress during my divorce?
