Family Matters

AI – Is it intelligent to use in my divorce or custody case?

Many historians date Artificial Intelligence (“AI”) developments back to the 1940s or 1950s.

Although there are numerous definitions, Oxford Dictionary defines AI as “the application of computer systems able to perform tasks or produce output normally requiring human intelligence, especially by applying machine learning techniques to large collections of data.”

The use of AI can be found in various examples throughout our daily lives, including in search engines (i.e. Google), social media platforms (i.e Facebook), online shopping (i.e. chatbots, personalized product recommendations), and digital assistants (i.e. asking questions to Alexa on Amazon). Thus, it is no surprise that AI application has extended to the legal realm, and specifically into family law cases. If you are thinking about using AI in your case, below are some suggestions:

• Do not solely rely on AI.

While AI can be helpful in your cases, it is important to understand that AI should not replace the need for a lawyer. Laws in each state, or each county, can vary. Using AI for general information may be a fine starting point, but it does not supplant the knowledge and expertise of a legal professional. For example, attorneys may have “insider” information about a courthouse they practice in daily, that AI would not be able to provide.

• AI is reliable but it is not infallible.

AI programs pull information from large databases. However, these sources may not be timely updated or have the most current information, which can inadvertently result in inaccurate statements being shared. Further, AI may accidentally rely on false information in data sources. In a recent high-profile case, lawyers were sanctioned for using ChatGPT research in a legal pleading when it was later discovered that they cited to fictional cases. ChatGPT did not recognize the cases were made up, but a human, a lawyer, doing proper legal research would have resulted in a different outcome.

• When AI is used appropriately and responsibly it can be beneficial.

Programs like ChatGPT can be helpful under limited circumstances in family law. For example, if a potential client wants to organize their thoughts or questions before meeting with a divorce lawyer. Or it can be helpful in generating ideas to prepare a response to a co-parent in a custody case. However, the language should NOT merely be copy and pasted. AI is a good tool to organize, not to act as a substitute for your thoughts, your tone, and your point of view. AI has no empathy. Attorneys and parties can often easily tell when something is written by AI. You do not want your communications to come off disingenuous, because it could impact your relationship with your attorney, or worse be used to question your credibility by opposing counsel in litigation.

Practitioners, clients, and courts are all still navigating this new world of AI. Using AI in family law cases, such as divorce or custody, can be complicated and nuanced. Obermayer family law attorneys are experienced in handling these complex matters. For more information, set up a consultation with an Obermayer attorney today. 

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.