By Natalie Tran
In today’s modern and fast paced digital world, artificial intelligence is increasingly becoming a part of almost every conversation, and legal services are no exception. Tools like ChatGPT and other various AI platforms offer easy and quick access to legal terminology, templates for legal documents and general information in an attempt to support your case. In fact, it’s so tempting to just ask yourself, “Why not just use AI to self-represent in court right?”
Well, here’s the answer in two simple words… think twice!
Outdated & Incorrect Information
ChatGPT is not aware of the current state of law in your jurisdiction. Whilst it does carry access to a broad base of general terminology, it is not always programmed on the latest legislation, rulings or the court rules. It could potentially provide you with information that was accurate at one point in time, however, is now irrelevant, outdated and maybe even simply incorrect.
More critically, ChatGPT is not able to distinguish between binding authority and persuasive non-binding resources. They may draw legal rules from another country or from higher courts in different jurisdictions, none in which may apply to your case specifically. Without any form of legal training, it is nearly beyond impossible to know if the information you’re relying on is even reliable to begin with.
No Responsibility
In the case where you hire a lawyer, you’re not just getting legal advice, you’re engaging someone who is ethically and legally obligated to act in your best interests. Further, if your lawyer makes a mistake, there are certain systems in place in order to hold them accountable, for instance professional discipline practice.
On the other hand, however, ChatGPT is a tool. One will never owe you a duty of care because it can’t appear in court to explain why it gave you bad advice. And if you lose your case because of something it told you, the reality is, there will be no one to blame but yourself. The judgements, consequences and fines will all be yours to bear alone.
Damaging Optical Illusions
One of the most salient problems of ChatGPT with legal content is the risks of hallucinations. The platform often invents their own legal cases, arguments or statutes that sound plausible however undercover are completely fabricated.
There are now a wide range of high-profile cases where individuals have submitted briefs that cite fake court decisions and cases, all generated by ChatGPT. And the result? Embarrassment, sanctions and in some serious circumstances, permanent harm to your case. Such errors are not taken lightly by the courts.
No Legal Strategy
Practicing law isn’t all about knowing what the law says, in fact it’s knowing how to use it effectively. A skilled lawyer can analyse the facts of your case, weigh out risks and outcomes and build legal strategies tailored to your desired goal.
Contrary to this, ChatGPT cannot evaluate the strength of your evidence, foresee possible opposing arguments and adjust certain tactics midway in a trial. It also can’t cross examine a witness, make persuasive oral arguments nor challenge improper evidence. All of these small human touches, developed through training, experience and judgement, make all the difference in court.
Why Lawyers Are So Essential
Whilst ChatGPT can be found helpful at times. From a starting point of legal research to understanding general concepts, it must be made clear, one is not a substitute for professional legal advice. Lawyers remain indispensable because they spend years studying law, analysing cases and gaining real life experience of attending court. They know how to separate relevant facts from mere noise, and thus, apply these precisely according to your circumstances.
Additionally, a lawyer is ethically and legally bound to advocate for you. Whether negotiating a settlement, fighting for you in court, or managing a risk, lawyers use human judgement to protect your interests, and that’s something AI can never offer.
Conclusion
Conclusively, ChatGPT can be a resourceful tool for legal learning. However, when it comes to making legal decisions, or going to court, the stakes are far too high to rely on ChatGPT or any form of AI. Why trust one with your freedom, your rights, and most importantly… your future.
Disclaimer: This publication contains comments of a general and introductory nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional legal advice. You should always speak to us and obtain legal advice before taking any action relating to matters raised in this publication.
