As Artificial Intelligence becomes further integrated into our lives, people have increasingly turned to artificial intelligence (“AI”) and generative AI to answer their legal questions. A staggering number of litigants have gone “pro se” and chosen to represent themselves, using AI to navigate the complex world of litigation without proper legal representation. However, can you trust your AI model to provide you with the same level of competent representation as a licensed attorney?
The most widespread AI companies today are ChatGPT, Perplexity, Google’s Gemini, xAI’s Grok, and Microsoft’s Copilot. Google's terms of service state: “Don’t rely on the Services for medical, legal, financial, or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.” The acceptable use policy for xAI warns users not to use its models to operate “in a regulated industry or region without complying with those regulations.” These companies are protecting themselves, but are they protecting you?
The benefits of relying on a licensed, professional, and competent attorney far outweigh the risks associated with the use of generative AI. Generative AI is limited to predictions. When you ask ChatGPT a question, it merely predicts what word comes next in the sentence. AI is incapable of critically thinking through your complex legal questions and circumstances. A licensed, professional attorney can walk you in-depth through the complex nuances of your case. Generative AI also feeds on itself. If AI gives incorrect information that goes unchallenged, it will repeat that incorrect information, which can eventually make its way to you and into your case. AI can’t fully understand the nuances of your situation and local law, and it may provide incorrect information that does not align with your circumstances or your desired outcome. A licensed, professional attorney can provide you with competent legal representation and sound legal advice that reflects the nuances of both your unique situation and local laws and regulations.
When you consult with your attorney, your conversations are generally protected by the attorney-client privilege. When you consult with Artificial Intelligence, your conversations and searches are not protected. This is concerning far beyond your data privacy; it can expose you to risks and penalties in litigation. Courts have broad discretion to sanction parties that engage in misconduct. Misconduct is broadly defined, but AI’s tendency to “hallucinate” can pose a significant risk. Recent cases, even in Florida, have led to sanctions against parties that used Artificial Intelligence to draft motions and other court documents because AI cited cases that did not exist. Sanctions can be monetary (such as imposing fines), procedural (such as dismissing the case or preventing a particular claim or defense), and even disciplinary (such as contempt of court).
As much as Artificial Intelligence can pose risks, it can also be an incredibly useful tool. Law firms are increasingly turning to AI for efficiency, accuracy, and client service. It is important to consult an attorney who can effectively use AI to maximize its benefits and minimize its risks.
Kinsey, Vincent, Pyle, P.L. (“KVP”) is dedicated to providing the best client-centric service possible, including the adoption of Artificial Intelligence to better serve and protect our clients and their legal interests. We have modernized our systems and adopted new technologies to better represent our clients, maximize efficiency, and uphold the utmost standards of client service.
If you need assistance navigating your contracts, pursuing litigation, updating your will, or engaging in proactive estate planning, please contact our office at 386-252-1561 and set up a consultation with one of our attorneys.