One thing today seems certain: artificial intelligence (“AI”) is here to stay. Indeed, based on all known metrics, the future will almost certainly continue to see AI evolve in an increasingly advanced and sophisticated nature, and we will see AI gradually become more and more interwoven with our daily lives. However, Texans should think twice before relying on any of the currently available AI technologies during a divorce for document completion, legal strategies, legal research, or communication with their lawyers.
Using AI may seem like an attractive and efficient option, but there are multiple reasons as to why using these technologies may have negative consequences for your case. Here’s why.
Reason #1: The Risk of Inaccurate Research Results
Even though AI can often be quite helpful for simpler, more “generic” inquiries, the reality is that using AI for more advanced research in legal matters constitutes a relatively substantial risk. Legal research, because of its level of complexity and ever-changing case law, should only be conducted by a trained legal expert. Conducting and utilizing legal research involves an in-depth knowledge of State code, regulations, and case law; difficult legal concepts; constantly shifting paradigms in the local legal landscape; and complex legal interpretations. If you use AI to perform legal research, there is always the possibility that you may end up citing “old law,” misunderstand and misapply the court’s findings, or overlook requirements which are easy for AI to miss. Consequently, when you use AI, you run the risk of using inaccurate information in your case. And, as we know, inaccurate information in a divorce case can lead to very serious negative consequences affecting property division and child custody. AI is often wrong on the law, and cannot be relied upon for legal advice; simply put, the guidance of an expert divorce attorney cannot be replaced by AI.
Reason #2: The Risk of Inaccurate Legal Pleadings and Documents
More and more, Texans are using AI to assist in the writing process. Naturally, you might assume that AI could be a very useful tool in this respect in your divorce to compose legal documents (i.e. petition, response, declarations, trial briefs, memorandums, etc.) and craft communications with attorneys.
Legal documents, particularly advanced documents such as trial briefs, can be dense and difficult to write; having AI assist in this process has the potential to add considerable value in the form of time and money. But, given the state of AI with respect to advanced composition and knowledge (or lack thereof) of States codes and case law, you need to know that AI isn’t well-equipped to handle the demands of complex legal writing. Remember, your legal documents will be heavily scrutinized, and the people reading these documents (opposing attorney, law clerks, judges, etc.) will be especially well-attuned to identifying any substantive legal errors. If a judge, for instance, discovers that a given brief or other legal document was primarily or entirely constructed with AI assistance, this could seriously jeopardize your case if they find errors. Many Courts are now requiring that you notify them when AI is utilized in legal documents, and some are banning it altogether.
If you are working with an attorney, you also should not upload their forms or document drafts into AI as they are proprietary and owned by the firm. By doing so, you most likely are also negating attorney-client privilege and exposing them to being produced to the other side. Again, AI retains the information you upload, so someone may be able to retrieve it, including your ex or their attorney. Tipping your hand in this way during negotiations can be very detrimental.
Reason #3: Complicating Communications Can Cost You (Literally)
Utilizing AI to draft communications with your ex, their attorney, or even your attorney can lead to lengthy communication exchanges that are not productive. You attorney must explain the erroneous information or unrelated issues that AI produced, so these lengthy communications will cost you time and money in billable hours as your attorney is required to respond and explain AI’s mistakes or flawed conclusions.
Our law firm has noticed a large increase in both the volume of emails and length of emails received from clients who rely on AI in this way. Rather than assist, AI has negatively affected case handling by setting unrealistic client expectations based on incorrect information, cluttered communication with unrelated issues, and generally slowed down the process of working toward a resolution. While it is understandable that during a time when so much can feel outside your control, and AI is an easy gateway to information, relying on AI rather than a skilled divorce attorney who is a trained legal specialist can harm you rather than help you in your divorce case. It can cost you financially as well as in terms of time and energy better spent on working to build your future and writing your next chapter.
Reason #4: The Value of Human Connection
While few people seriously question the general usefulness of AI in many contexts, there is still the issue of the lost value of interpersonal connection and collaboration. If you decide to use AI in place of professional legal counsel, also consider the fact that you’ll be losing out on many of the valuable insights and guidance that are only possible when collaborating with a legal advocate.
Divorce can be a very traumatic process; in fact, it can easily be among the most challenging things you endure in your lifetime. Given the emotional toll that such an experience can take on anyone, having on your side a team of legal advocates with available resources is exceedingly important. In many divorce cases, people often feel overwhelmed because of the intense rollercoaster of emotional, financial, and societal demands. The burden of these demands can be lessened by the human connection which comes from communicating with a real person who’s on your side, as well as by their network of trusted professionals as resources (mental health professionals, financial advisors, etc.). Sharing the load and knowing you’re getting the best legal guidance and support can go a long way to helping you stay focused on the future you want, as well as helping get you there faster.
Reason #5: You May Tip Your Hand and Torpedo Negotiations
Know that your AI searches, prompts, answers, and history are most likely discoverable, meaning they are most likely not subject to attorney-client privilege and you may be asked to produce a record of your AI usage to the other side. Even if you don’t have to produce it, AI retains the information you give it. So theoretically someone may be able to enter the prompt “what did [your name] search for in our divorce case” and retrieve information based on what you have input to AI. With the growing level of sophistication of both AI and those who know how to exploit it, you may be exposing your strategy to the other side, or at the very least, airing your dirty laundry.
Contact Hargrave Family Law for More Information
To recap, there are many reasons as to why you should seriously consider avoiding AI during your divorce. If you use AI, you run the risk of:
- Ending up with inaccurate legal research
- Producing incorrect legal documents and arguments
- Costing you time and money with convoluted communication
- Losing the value of having on your side a legal advocate with real expertise and resources
- Revealing strategy to the other side or airing your dirty laundry in public
The attorneys at Hargrave Family Law are here to help. In today’s society, we understand the very real temptation to use AI tools during the divorce process. We also know there is no substitute for expert legal guidance from a reputable Dallas divorce attorney. To learn more, reach out to us today by calling 214-225-9505 or by clicking here. We’re here to help.
Collaborative Dallas Divorce Attorney, Jennifer Hargrave
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Don’t Face This Alone – We’re Here to Help
Hargrave Family Law – Compassionate Dallas Divorce Lawyers
Hargrave Family Law was founded by Dallas divorce lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you during this challenging life transition in a way that helps you protect what matters most. Reach out to our team of compassionate Dallas divorce lawyers at Hargrave Family Law for the support you need to navigate divorce and other family law matters. We offer a complimentary case evaluation to start your journey with us. Together, we will work towards safeguarding the happiness and well-being of your family, allowing you to write your next chapter with hope.
