Most people now use artificial intelligence (AI) in some form almost every day, and possibly without even realising it. There is no doubt that AI is starting to transform the way we live, and it is extremely useful for making certain tasks quicker and easier, whether at work or in our everyday lives. But it is essential that we understand the limitations of AI and appreciate there are certain elements of our lives in which, not only is it not recommended as a useful tool, it could be dangerous to use it. One of those areas is legal advice.
At Bridge McFarland we have had a number of people approach us, having done some initial legal research using AI, perhaps before an initial consultation on issues such as family law, dispute resolution or wills and probate. The advice and information we then present is often at odds with what the client has already read, and it soon becomes clear that there is no substitute for years of legal study, achieving qualifications and years of experience dealing with real life issues and developing practical solutions that work for people. There are clear dangers to relying on AI for legal advice, and in this article we will explain why.
What are the problems with getting legal advice from AI?
The internet is an amazing tool and it is the first thing many of us turn to for quick, simple and completely free information. AI has made this even easier, and it is no surprise that people like to do some background research on a legal problem before they consult a solicitor just like we all research medical problems before seeing a doctor. However, whilst it is normal (and expected) to gather information to help you prepare for a legal consultation, you should not be relying on AI for legal advice on which to base your next move. AI will be helpful but not necessarily useful.
AI is designed to always be helpful, and to give you an answer to whatever you are asking. It doesn’t know your story, your circumstances or the context of your situation. It is essentially a ‘yes man’ who always endorses what you say, and won’t criticise your opinion or your actions. It is unlikely that the advice it offers will stand up in court or be taken seriously by a court. . You might receive a good argument to use to defend a point in court, but it may not take into account all the factors of a particular case. A real solicitor is better able to assess the risk of a case. For example, making a judgement on what you stand to lose, and how persuasive different arguments might be in court.
Another way in which AI will fall short in offering proper advice, is when trying to find a suitable settlement. This is common in divorce cases and other areas of family law, such as child arrangements. There is sometimes a risk to continuing to fight for something. It can cause you stress and anxiety, and it can work against you if a judge can see that you pushing for something is causing distress for the other side. Sometimes there are ethical risks and a need to adapt a strategy in real-time, and AI is never going to be able to appreciate this with the clarity and nuance you require. A qualified solicitor is far better placed to help you make the right call.
-
Unreliable ‘facts’
The main danger of relying on AI is that you can’t be sure that ‘facts’ are facts. Artificial intelligence, by default, has no limits, and this means AI can use any means to support its case. This often results in creating a legal statute or case that looks genuine and credible, but doesn’t actually exist. Using fabricated cases in court would quickly undermine your chances of success and you will lose any integrity or authority you hoped to build in your case. You may even face additional costs for wasting the court’s time. Another way that AI can provide misleading facts is in merging separate legal concepts which actually come from different legal jurisdictions, such as laws from different countries. You may also be using an AI tool that isn’t looking at current legislation or recent case laws. This can result in providing legal advice that simply doesn’t apply to your specific case.
-
Invalid documents
Asking an AI tool to produce legal documents or contracts for you may not result in a valid document. For example, asking AI to write a will for you may be much quicker and cheaper, but may not be legally enforceable and could result in a contested probate or other types of inheritance disputes. Meanwhile, AI might incorporate conflicting or unworkable clauses into a commercial contract, which could lead to a costly dispute.
-
Compliance
Using AI tools to build a case could be in breach of confidentially clauses or data protection. There is no way of suitably protecting the information you are providing to a public, open-source AI tool, and this information could even be used by an AI tool to help other people in the future. This is sharing, and maybe even modifying, sensitive information with no control over how it is used. This could be very dangerous, particularly in a dispute resolution case involving two businesses, or a high net worth divorce, where there are confidentiality clauses and sensitive information which could be shared to a third party.
-
No regulation
Ultimately, an AI tool has no accountability, and if the information it gives you ends up being wrong, you have no recourse. There is no central regulator overseeing what AI produces. The legal sector is heavily regulated and a solicitor, in contrast, is fully accountable if the advice they give you is incorrect. You have various routes to go down if you feel a solicitor provided you with poor advice, such as a legal ombudsman or the Solicitors Regulation Authority (SRA), but with AI you have nowhere to turn.
Can AI be useful for legal research?
Yes, you can use AI for understanding legal jargon, or drafting a formal letter perhaps, but not a legal document that has to be valid and enforceable. There are occasions where AI is useful to carry out some legal research such as brainstorming basic ideas, outlining how a qualified solicitor can help, or for summarising a basic legal concept, for example, how the probate process works or common problems when applying for probate. Anything AI produces in this context should always be accepted as a loose concept and a basic understanding, and anything you learn should be subsequently verified by a qualified, professional solicitor.
It is true that AI tools are constantly evolving and the quality of output they are providing will be improving, but while using AI is time and cost-efficient, it cannot replace the skills, knowledge and experience of a qualified solicitor when it comes to the nuances of providing bespoke legal advice tailored to an individual.
Professional and qualified legal advice
When addressing legal issues such as family law, dispute resolution or contentious probate, you need qualified advice that has clarity, is personalised to your situation and safeguards your family’s best interests. So don’t leave this to chance, and always get the best possible advice from people with experience and qualifications.
At Bridge McFarland, our experienced solicitors provide clear, practical legal advice tailored to your individual circumstances. Whether you need support with family law, dispute resolution, wills and probate, or another legal matter, our team is here to help you make informed decisions with confidence.
