Can AI Substitute for Hiring Legal Counsel?

I get it - AI provides a solution to many of life’s burning questions and is indeed a very valuable tool. But has the time come when you no longer need legal counsel because you can rely on AI to manage your case? I would venture a very firm “no”. 

More and more often these days, I see opposing unrepresented parties filing long-winded documents with the Court that have a very AI-esque flair. Trust me, we can tell. The Court can tell. And while there certainly is no crime in using AI to draft your arguments, it misses the mark in many important ways. For one, it often gets the law wrong. Read that again. It gets the law wrong! That’s pretty important if you are filing something you want a judge to take seriously. AI has been known to borrow from and mish-mash law from different states, as well as out-right make up cases. Do not be the unfortunate person on the receiving end of that smart-sounding garbage.

AI also has no sense of the needs of your individual case. Strategy is still safely within the realm of competent legal counsel. Is now the right time to file my case? Or would it be best to wait? Should the tone of this filing be strengthened? Or is is best to use a softer edge? AI does not know how to pivot in this way and the human element is needed. 

Your legal case requires strict attention to deadlines and court ordered procedures. Having an expertly-curated AI motion to file does not result in automatic success in meeting your litigation goals. The Courts impose many deadlines and procedural requirements that AI overlooks. For example, I recently had an opposing unrepresented party file a 35-page reply. It was clear the neverending paragraphs were the product of a no-holds-bar Chat GPT prompt, but the end result was a clear violation of the Rules of Civil Procedure as to the length and format of the document. The judge was not impressed and my Motion to Strike the Reply was granted. Always bear in mind that if you choose to act without an attorney (this is called appearing pro se in your own case), you are required to follow the same rules as attorneys and LLPs. 

Between mistakes in the law, inappropriate tone and missed adherence to rules and deadlines, I encourage caution in the use of AI as a substitute for competent legal counsel.