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theaiop: litigatingagainStai-aidedpRoSepaRtieS
Marital & Family Law Section Chair: KimMaxwell – OlderLundyKoch & Martino aswetraversethisnew frontier, practitionersmust preparetolitigateagainst ai-aidedprose parties.
Artificial Intelligence( AI) is developing at an exponential rate, and access to AI tools is constantly expanding. Many family law practitioners regularly utilize AI in their practice, but AI use in the legal arena is not limited to attorneys. Self-represented litigants have also increased their use – and sometimes misuse— of AI as they navigate their legal matter. As we traverse this new frontier, practitioners must be knowledgeable about how pro se parties are employing AI and prepare to litigate against AI-aided pro se parties. Here are a few key issues that family law attorneys should look out for when litigating against AI-aided pro se parties:
AI-Generated Court Documents
Several AI tools, including those which are free and readily available to the public, have the ability to draft entire legal documents. This ability empowers pro se parties to feel confident representing themselves and filing documents with the court. It is reasonable to expect that, as these tools become more proficient and widely known, the number of people electing to use these tools, and to represent themselves, will increase. For some pro se parties, it may increase their litigiousness, as they perceive AI is helping to level the legal field.
Unsound Legal Arguments
Although these AI tools may be able to draft coherent, grammatically correct, and well-written legal documents, the content may not be legally sound. It is important for attorneys to research and verify the arguments and citations provided by a pro se party, especially where it appears the pro se party may be utilizing AI tools; and if the argument is unsound, ensure the court is not misled.
Hallucinated Statutes, Rules, and Case Law
There are numerous AI tools specifically designed for the legal field. However, these offerings typically include a cost to the user. Though some pro se parties may be willing to spend money for these legal-specific AI tools, most are unlikely to feel a need to upgrade from the more readily available no-cost options, such as ChatgPT. As a result, these pro se parties are relying on AI tools that have a track record of fabricating citations and legal authorities.
As we continue to see growth in the capabilities of AI, we may very well find ourselves facing more worthy adversaries in pro se parties. nevertheless, an attorney’ s knowledge of the law and litigation experience will continue to set them apart from even AI-aided pro se parties. Forward-thinking family law practitioners should embrace these AI advancements and supplement their existing practices to stay ahead of their peers and the increasing wave of AI-aided self-represented litigants they are likely to find on the other side. n
Authors: Cory Brandfon and Tess Bedell – Harris, Hunt & Derr, P. A.
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