When it comes to AI and Family Law, beware! In this brave new world of easily accessible and cost-free AI programs such as ChapGPT, many of us are happily dabbling with getting the ‘bots to help with the various chores of life, such as meal planning or helping write a wedding speech. And that’s all harmless enough. But more and more people are turning to generative AI programs to help them research and draft documents for legal cases – including every second Australian lawyer, according to new data.
And recent court cases have revealed that while generative AI can be a great tool, it’s also fraught with danger. Given that not only lawyers but also self-represented litigants are increasingly turning to AI, if you’re intending to represent yourself in your family law matter and are considering making use of generative AI programs to help prepare your matter, here’s what you must know.
AI and Family Law – even lawyers can get caught out!
A recent matter in the family courts has caused a small furore, with a lawyer being collared for his use of AI which had resulted in an inaccurate list of legal authorities (other cases) being tendered in the proceedings. The lawyer now has to show cause why he shouldn’t be referred to the Victorian Legal Services Board and Commissioner. Perhaps the lawyer should have read this College of Law article.
This isn’t the first case of things going awry for lawyers who have used AI programs to prepare a matter and have found themselves in danger of misleading a court. Crikey discusses numerous other examples of this kind of issue arising in the court system in recent times, and notes that it isn’t just lawyers but also self-represented litigants who are, essentially, simply placing too much trust in the new technologies.
Why can’t you trust AI and Family Law?
Seven of the obvious reasons AI and Family Law can let you down
- Citing non-existent cases that AI has completely invented;
- Citing real but irrelevant cases just because that’s what AI has suggested;
- The use of nonsensical, strange language;
- Repetitive, rambling drafting;
- Submitting personal references that appear to be written by AI;
- A lack of fact-checking;
- A lack of refining the output and simply using what AI has come up with.
Still planning to use AI and Family Law for your legal case?
The upshot on Ai and Family Law? Feel free to go ahead and make use of new technologies like ChatGPT to help draft your legal documents. But then ensure you run your drafts past an actual human lawyer, as suggested recently by Justice Ian Jackman: “In my view, the important aspect, in circumstances where artificial intelligence is used, is that any such draft is scrutinised and settled by a legal practitioner.” And if you are legally represented, don’t be afraid to ask your family lawyer for reassurance on their use of, or reliance on, AI.
About self-representation.
You do have the right to self-represent if you are going through family law litigation. But if you do choose self-representation, to make sure you truly get a fair trial and avoid making costly legal errors, first give a family lawyer a call in order to get some initial advice. This advice might include what to expect at court, what questions a judge might ask you, and general help preparing for your hearing.
Your lawyer will ensure you understand the potentially disastrous consequences of not following the correct process, or of filing incorrect or irrelevant documents, or filing them out of time. They will ensure you correctly identify and plead a cause of action, avoiding proceedings that require extra court attendances or become needlessly drawn out and confusing.
You can also consider hiring a solicitor to act as a “shadow solicitor” to help you with preparing for court, but who will not actually represent you in court. A shadow lawyer steps in where needed, to:
- Provide you with advice about your entitlements. For example, the lawyer can advise you about the percentage division of property that you would be entitled to. You can then negotiate with the other side yourself, knowing what your best-case and worst-case scenario.
- Help you write letters, for example, if you would like to make an offer to the other side.
- If you have reached agreement – help you write up your agreement in a legally binding way so that certain requirements are met. For example, if you are going to transfer property, then the agreement needs to be drafted in a way that is going to be accepted by the Revenue Office (so the transfer is stamp duty exempt for example).
- If the other side has drafted documents for you to sign – review those documents with you and advise you whether there is anything that you should be aware of, before you sign them.
- If you need to go to court – help you prepare your court documents, and help you prepare for each court event.
You could also look into unbundled legal services, where your lawyer’s role is limited to a number of agreed services, rather than the traditional model of engaging a lawyer to act for you from initial instructions to settlement or final court proceedings.
To speak with us about how we can help you if you are a self-represented litigant, please contact Canberra family lawyer Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law on (02) 6223 2400. Your first no-obligation conference is free.
Please note our blogs are not legal advice. For information on how to receive the correct legal advice, please contact Alliance Family Law.
