Technological advances continue to open new doors, allowing us to do things that were once unimaginable.
Artificial intelligence (AI) is one such innovation. It is technology that enables computers and machines to mimic human-like intelligence, giving them the ability to learn from data, recognize patterns, solve problems and make decisions.
Historically, we turned to the internet when we had a question, exploring various web pages to find the answer. In today’s world, it is a common practice to use an AI-powered chatbot for these queries. Chatbots scan billions of web pages to find relevant information to provide an answer.
These chatbots provide an immense amount of data quickly and easily, but the results come with risks, not the least of which is accuracy. While knowledge may be power, it is important to remember that it is not about the amount of information we receive but rather using a critical lens to choose how to utilize it.
Changing the Legal Workplace.
Generative AI has changed how legal work is done, essentially serving as a paralegal assistant. It has the ability to create content such as draft letters or court documents, summarize case law, conduct legal research and identify patterns to suggest potential legal outcomes.
This technology certainly has a place in the law, especially when it comes to research, but due caution is needed when using it. I have personally tested legal research using AI chatbots only to discover that the precedent that was cited does not exist or a link provided was to the wrong case.
AI is regurgitating the information it has gathered but it does not understand the law. It also doesn’t understand the practical realities and challenges of proving a case, or the nuances that come with human behaviour. It cannot assess the credibility of a witness or understand certain unconscious biases held by a potential juror.
I have had discussions with clients who have used AI chatbots to get legal advice. Some are convinced they have an extremely strong and lucrative case and are not swayed by the proven shortcomings of the technology. That can be detrimental and provides an unstable foundation to any future solicitor-client relationship.
Reliability Issues Can Have Consequences.
While it can make sense to use it as a starting point, the information gleaned by an AI-powered chatbot should not be used as the primary source of legal advice. AI predicts text patterns. It doesn’t verify facts. Reliability issues can include:
- AI Hallucinations: AI has been found to create fake court cases and facts along with citations and legal arguments. In fact, some lawyers who failed to verify the information they received in an AI search have been reprimanded by the court.
- Outdated Information: Advice may not include current laws or recent judicial rulings.
- Privacy Concerns: Using a chatbot may not be protected by lawyer-client privilege, putting sensitive information at risk.
- Overconfidence: Non-lawyers may not be able to discern incorrect information or place too much weight on something because it may be presented with a high degree of confidence.
Artificial intelligence gleans information from a vast pool of resources, but how do you know if the chatbot advice you receive is actually relevant to your circumstance?
It should also be noted that there are nuances in the law that AI may not factor in. For example, failing to understand jurisdictional differences can be significant. AI might suggest your accident claim is worth $1 million but has based that assessment on previous settlements or judgments in the United States.
However, in Canada we have a very different system when it comes to damages. Laws can even be applied differently from province to province or can be influenced by unknown factors such as policy limits.
Not a Replacement for Sound Legal Advice.
The advice you receive from a chatbot may indeed look like informed legal insight but bear in mind, AI is just a tool. It is not a replacement for sound legal advice from a lawyer trained and experienced in their practice.
Of course, there will still be some who are convinced that because an AI chatbot found merit in their case, it must be worth pursuing in court. But you have to ask yourself, if your case is that solid and has the potential to be as successful as the chatbot predicts, why would a lawyer attempt to dissuade you from pursuing it unless there were obvious red flags?
There are few shortcuts when it comes to the law. Certainly, AI can explain legal terminology and give clients a better understanding of some of the issues they might face. It can also help a client organize facts and develop questions they should be asking their lawyer. But AI is not a substitute for personalized legal advice from a licensed lawyer.
If you have a question about your case, contact the personal injury lawyers at Gluckstein Lawyers for your no-obligation free consultation.